by Demosthenes
[33] καὶ ταῦτα μηδὲν ἧττον τὰ πιστὰ παρ᾽ ἡμῶν λαβόντα, οὐκ ἔρχεται, εἰδὼς ὅτι οὐκ ἔστιν παρ᾽ ἡμῖν τὸ ἀργύριον, δέομαι ὑμῶν ἀποψηφίσασθαί μου. καὶ ταῦτα ποιοῦντες πρῶτον μὲν τὰ δίκαια καὶ κατὰ τοὺς νόμους ἔσεσθε ἐψηφισμένοι, ἔπειτα ἄξια μὲν αὐτῶν ὑμῶν, ἄξια δὲ τοῦ πατρὸς τοῦ ἐμοῦ: ὡς ἐγὼ ὑμᾶς ἂν δεξαίμην ἅπαντα τὰ ἐμαυτοῦ λαβεῖν μᾶλλον ἢ ἀδίκως τι συκοφαντούμενος ἀποτεῖσαι.
[33] If you do this, you will have rendered a decision both just and in accordance with the laws, and moreover one that is worthy of yourselves and of my father; since for myself, I should rather let you take everything I have, than pay an unjust claim as the victim of a malicious suit.
πρὸς Νικόστρατον Περὶ Α᾿νδραπόδων Α᾿πογραφῆς Α᾿ρεθουσίου — APOLLODORUS AGAINST NICOSTRATUS
[1] ὅτι μὲν οὐ συκοφαντῶν, ἀλλ᾽ ἀδικούμενος καὶ ὑβριζόμενος ὑπὸ τούτων καὶ οἰόμενος δεῖν τιμωρεῖσθαι τὴν ἀπογραφὴν ἐποιησάμην, μέγιστον ὑμῖν ἔστω τεκμήριον, ὦ ἄνδρες δικασταί, τό τε μέγεθος τῆς ἀπογραφῆς, καὶ ὅτι αὐτὸς ἐγὼ ἀπέγραψα. οὐ γὰρ δήπου συκοφαντεῖν γε βουλόμενος ἀπέγραψα μὲν ἂν πένθ᾽ ἡμιμναίων ἄξια ἀνδράποδα, ὡς αὐτὸς ὁ ἀμφισβητῶν τετίμηται αὐτά, ἐκινδύνευον δ᾽ ἂν περί τε χιλίων δραχμῶν καὶ τοῦ μηδέποτε μηδένα αὖθις ὑπὲρ ἐμαυτοῦ γράψασθαι:
[1] I have no desire to bring a baseless and malicious charge; but I have filed this inventory of property because I have suffered wrong and indignity from these men and therefore thought it my duty to avenge myself upon them. Of this you will find convincing proof, men of the jury, in the amount of the valuation, and in my having filed the information in my own name. For, I take it, if I had wished to bring a malicious suit, I should not have listed slaves worth two minae and a half, the sum at which the claimant himself has fixed their value, and myself have run the risk of losing a thousand drachmae, and forfeiting the right ever again to indict anyone on my own behalf. Nor, again, was I so lacking in resources or in friends as to be unable to find some one to file the information;
[2] οὐδ᾽ αὖ οὕτως ἄπορος ἦν οὐδ᾽ ἄφιλος ὥστε οὐκ ἂν ἐξευρεῖν τὸν ἀπογράψοντα: ἀλλὰ τῶν ἐν ἀνθρώποις ἁπάντων ἡγησάμενος δεινότατον εἶναι ἀδικεῖσθαι μὲν αὐτός, ἕτερον δ᾽ ὑπὲρ ἐμοῦ τοῦ ἀδικουμένου τοὔνομα παρέχειν, καὶ εἶναι ἄν τι τούτοις τοῦτο τεκμήριον, ὁπότε ἐγὼ λέγοιμι τὴν ἔχθραν πρὸς ὑμᾶς, ὡς ψεύδομαι （οὐ γὰρ ἄν ποτε ἕτερον ἀπογράψαι, εἴπερ ἐγὼ αὐτὸς ἠδικούμην）, διὰ μὲν ταῦτα ἀπέγραψα. ἀπογράψας δὲ ἐὰν ἀποδείξω τὰ ἀνδράποδα Ἀρεθουσίου ὄντα, οὗπερ ἐγέγραπτο εἶναι, τὰ μὲν τρία μέρη, ἃ ἐκ τῶν νόμων τῷ ἰδιώτῃ τῷ ἀπογράψαντι γίγνεται, τῇ πόλει ἀφίημι, αὐτῷ δ᾽ ἐμοὶ τετιμωρῆσθαι ἀρκεῖ μόνον.
[2] but I thought it the most outrageous thing ever seen among men, that I should myself suffer the wrong, but that another should lend his name on behalf of me, the one wronged; and that this would then serve as presumptive proof to my adversaries that I am lying whenever I speak to you of our enmity; for they would say that no other man would have filed the information, if I were myself the one wronged. It was for this reason that I filed the information. And now that I have done so, if I can prove that the slaves belong to Arethusius, to whom they are stated in the information to belong, I relinquish to the state the three fourths which under the law are given to the private citizen filing the information; for myself it is enough to have taken vengeance.
[3] εἰ μὲν οὖν μοι ἦν ἱκανὸν τὸ ὕδωρ διηγήσασθαι πρὸς ὑμᾶς τὰ ἐξ ἀρχῆς, ὅσ᾽ ἀγαθὰ πεπονθότες ὑπ᾽ ἐμοῦ οἷά με εἰργασμένοι εἰσίν, εὖ οἶδ᾽ ὅτι ὑμεῖς τ᾽ ἄν μοι ἔτι μᾶλλον συγγνώμην εἴχετε τοῦ ὀργίζεσθαι αὐτοῖς, τούτους τ᾽ ἀνοσιωτάτους ἀνθρώπων ἡγήσασθε εἶναι: νῦν δ᾽ οὐδὲ διπλάσιόν μοι τούτου ὕδωρ ἱκανὸν ἂν γένοιτο. τὰ μὲν οὖν μέγιστα καὶ περιφανῆ τῶν ἀδικημάτων, καὶ ὁπόθεν ἡ ἀπογραφὴ αὕτη γέγονεν, ἐρῶ πρὸς ὑμᾶς, τὰ δὲ πολλὰ ἐάσω.
[3] If, now, there were water enough in the water-clock to permit my telling you in detail from the beginning all the benefits I have conferred on them and all the acts they have committed toward me, I am sure that you would feel more lenient toward me for my resentment against them, and would deem these men the most wicked of humankind. As it is, however, even double the amount of water that I now have would be insufficient. I shall therefore relate to you the greatest and most flagrant of their wrongdoings, and those which gave rise to the filing of the information; the bulk of them I shall pass over.
[4] Νικόστρατος γὰρ οὑτοσί, ὦ ἄνδρες δικασταί, γείτων μοι ὢν ἐν ἀγρῷ καὶ ἡλικιώτης, γνωρίμως μέν μοι εἶχεν καὶ πάλαι, ἐπειδὴ δὲ ἐτελεύτησεν ὁ πατὴρ καὶ ἐγὼ ἐν ἀγρῷ κατῴκουν, οὗπερ καὶ νῦν οἰκῶ, καὶ μᾶλλον ἀλλήλοις ἤδη ἐχρώμεθα διὰ τὸ γείτονές τε εἶναι καὶ ἡλικιῶται. χρόνου δὲ προβαίνοντος καὶ πάνυ οἰκείως διεκείμεθα, καὶ ἐγώ τε οὕτως οἰκείως διεκείμην πρὸς τοῦτον, ὥστ᾽ οὐδενὸς πώποτε ὧν ἐδεήθη οὗτος ἐμοῦ ἀπέτυχεν, οὗτός τε αὖ ἐμοὶ οὐκ ἄχρηστος ἦν πρὸς τὸ ἐπιμεληθῆναι καὶ διοικῆσαι, καὶ ὁπότε ἐγὼ ἀποδημοίην ἢ δημοσίᾳ τριηραρχῶν ἢ ἰδίᾳ κατ᾽ ἄλλο τι, κύριον τῶν ἐν ἀγρῷ τοῦτον ἁπάντων κατέλειπον.
[4] Nicostratus, whom you see here in court, men of the jury, was a neighbor of mine in the country, and a man of my own age. We had long known each other, but after my father’s death, when I went to live in the country, where I still live, we had much more to do with one another, since we were neighbors and men of the same age. As time went on we became very intimate; indeed I came to feel on such intimate terms with him that he never failed to win any favor he asked of me; and he, on his part, was useful to me in looking after my affairs and managing them, and whenever I was abroad on public service as trierarch, or on any private business of my own, I used to leave him in charge of everything on the farm.
[5] συμβαίνει δή μοι τριηραρχία περὶ Πελοπόννησον, ἐκεῖθεν δὲ εἰς Σικελίαν ἔδει τοὺς πρέσβεις ἄγειν, οὓς ὁ δῆμος ἐχειροτόνησεν. ἡ οὖν ἀναγωγὴ διὰ ταχέων ἐγίγνετό μοι. ἐπιστέλλω δὴ αὐτῷ ὅτι αὐτὸς μὲν ἀνῆγμαι καὶ οὐχ οἷός τε ἦν οἴκαδε ἀφικέσθαι, ἵνα μὴ κατακωλύοιμι τοὺς πρέσβεις: τούτῳ δὲ προσέταξα ἐπιμελεῖσθαί τε
τῶν οἴκοι καὶ διοικεῖν, ὥσπερ καὶ ἐν τῷ ἔμπροσθεν χρόνῳ.
[5] It happened that I was sent as trierarch round the Peloponnesus, and from thence I had to carry to Sicily the ambassadors whom the people had elected. I was forced to set sail in haste, so I wrote to Nicostratus, telling him that I had to put to sea, and that I should not be able to come home for fear of delaying the ambassadors; and I charged him to look after the administration of matters at home, as he had done before.
[6] ἐν δὲ τῇ ἐμῇ ἀποδημίᾳ ἀποδιδράσκουσιν αὐτὸν οἰκέται τρεῖς ἐξ ἀγροῦ παρὰ τούτου, οἱ μὲν δύο ὧν ἐγὼ ἔδωκα αὐτῷ, ὁ δὲ εἷς ὧν αὐτὸς ἐκτήσατο. διώκων οὖν ἁλίσκεται ὑπὸ τριήρους καὶ κατήχθη εἰς Αἴγιναν, καὶ ἐκεῖ ἐπράθη. ἐπειδὴ δὲ κατέπλευσα ἐγὼ τριηραρχῶν, προσέρχεταί μοι Δείνων ὁ ἀδελφὸς ὁ τούτου, λέγων τήν τε τούτου συμφοράν, αὐτός τε ὅτι δι᾽ ἀπορίαν ἐφοδίων οὐ πεπορευμένος εἴη ἐπὶ τοῦτον πέμποντος τούτου αὐτῷ ἐπιστολάς, καὶ ἅμα λέγων πρὸς ἐμὲ ὡς ἀκούοι αὐτὸν δεινῶς διακεῖσθαι.
[6] During my absence three household slaves of Nicostratus ran away from him from his farm, two of those whom I had given him, and one of a number whom he had purchased for himself. He pursued them, but was taken captive by a trireme and brought to Aegina, where he was sold. When I had come home with the ship of which I was in command, Deinon, this man’s brother, came to me and told me of his misfortunes, stating that, although Nicostratus had sent him letters, he had not gone in quest of him for want of funds for the journey, and he told me also that he heard that his brother was in a dreadful condition.
[7] ἀκούσας δ᾽ ἐγὼ ταῦτα καὶ συναχθεσθεὶς ἐπὶ τῇ ἀτυχίᾳ τῇ τούτου, ἀποστέλλω τὸν Δείνωνα τὸν ἀδελφὸν αὐτοῦ εὐθὺς ἐπὶ τοῦτον, δοὺς ἐφόδιον αὐτῷ τριακοσίας δραχμάς. ἀφικόμενος δ᾽ οὗτος καὶ ἐλθὼν ὡς ἐμὲ πρῶτον μὲν ἠσπάζετο καὶ ἐπῄνει ὅτι παρέσχον τὰ ἐφόδια τῷ ἀδελφῷ αὐτοῦ, καὶ ὠδύρετο τὴν αὑτοῦ συμφοράν, καὶ κατηγορῶν ἅμα τῶν ἑαυτοῦ οἰκείων ἐδεῖτό μου βοηθῆσαι αὑτῷ, ὥσπερ καὶ ἐν τῷ ἔμπροσθεν χρόνῳ ἦν περὶ αὐτὸν ἀληθινὸς φίλος: καὶ κλάων ἅμα, καὶ λέγων ὅτι ἓξ καὶ εἴκοσι μνῶν λελυμένος εἴη, εἰσενεγκεῖν αὑτῷ τι ἐκέλευέ με εἰς τὰ λύτρα.
[7] When I heard this I was touched with compassion for Nicostratus on account of his ill-fortune, and at once sent his brother Deinon to fetch him, giving him three hundred drachmae for his journey. When Nicostratus got home, he came at once to me, embraced me, thanked me for giving his brother money for his journey, bewailed his own unhappy lot, and, while complaining of his own relatives, begged me to succor him, just as in time past I had been a true friend to him. Then he wept, and told me that he had been ransomed for twenty-six minae, and urged me to contribute something toward the cost of his redemption.
[8] ταῦτα δὲ ἐγὼ ἀκούων καὶ ἐλεήσας τοῦτον, καὶ ἅμα ὁρῶν κακῶς διακείμενον καὶ δεικνύοντα ἕλκη ἐν ταῖς κνήμαις ὑπὸ δεσμῶν, ὧν ἔτι τὰς οὐλὰς ἔχει, καὶ ἐὰν κελεύσητε αὐτὸν δεῖξαι, οὐ μὴ ‘θελήσῃ, ἀπεκρινάμην αὐτῷ ὅτι καὶ ἐν τῷ ἔμπροσθεν χρόνῳ εἴην αὐτῷ φίλος ἀληθινός, καὶ νῦν ἐν τῇ συμφορᾷ βοηθήσοιμι αὐτῷ, καὶ τάς τε τριακοσίας, ἃς τῷ ἀδελφῷ αὐτοῦ ἔδωκα ἐφόδιον ὅτε ἐπορεύετο ἐπὶ τοῦτον, ἀφιείην αὐτῷ, χιλίας τε δραχμὰς ἔρανον αὐτῷ εἰς τὰ λύτρα εἰσοίσοιμι.
[8] On hearing this story, I felt pity for him, and moreover I saw in what wretched plight he was, and he showed me the wounds of the fetters on his calves （he has the scars of them still, but, if you bid him show them to you, he will not wish to do so）; I therefore answered that in time past I had been a true friend to him, and that now I would help him in his distress, that I forgave him the three hundred drachmae which I had given his brother for the expenses of his journey to fetch him, and that I would make a contribution of one thousand drachmae toward his ransom.
[9] καὶ τοῦτο οὐ λόγῳ μὲν ὑπεσχόμην, ἔργῳ δὲ οὐκ ἐποίησα, ἀλλ᾽ ἐπειδὴ οὐκ ηὐπόρουν ἀργυρίου διὰ τὸ διαφόρως ἔχειν τῷ Φορμίωνι καὶ ἀποστερεῖσθαι ὑπ᾽ αὐτοῦ τὴν οὐσίαν ἥν μοι ὁ πατὴρ κατέλιπεν, κομίσας ὡς Θεοκλέα τὸν τότε τραπεζιτεύοντα ἐκπώματα καὶ στέφανον χρυσοῦν, ἃ παρ᾽ ἐμοὶ ἐκ τῶν πατρῴων ὄντα ἐτύγχανεν, ἐκέλευσα δοῦναι τούτῳ χιλίας δραχμάς, καὶ τοῦτο ἔδωκα δωρεὰν αὐτῷ τὸ ἀργύριον, καὶ ὁμολογῶ δεδωκέναι.
[9] Nor did I make this promise in words only and fail to perform it in act; but, since I was not well provided with funds in consequence of my quarrel with Phormion and of his depriving me of the estate which my father left me, I took to Theocles, who at that time was carrying on a banking business, some cups and a chaplet of gold, which I happened to have in my house as a part of my ancestral inheritance, and bade him give Nicostratus a thousand drachmae; and that sum I gave him outright as a gift, and I acknowledge that it was a gift.
[10] ἡμέραις δὲ οὐ πολλαῖς ὕστερον προσελθών μοι κλάων ἔλεγεν, ὅτι οἱ ξένοι ἀπαιτοῖεν αὑτόν, οἱ δανείσαντες τὰ λύτρα, τὸ λοιπὸν ἀργύριον, καὶ ἐν ταῖς συγγραφαῖς εἴη τριάκονθ᾽ ἡμερῶν αὐτὸν ἀποδοῦναι ἢ διπλάσιον ὀφείλειν, καὶ ὅτι τὸ χωρίον τὸ ἐν γειτόνων μοι τοῦτο οὐδεὶς ἐθέλοι οὔτε πρίασθαι οὔτε θέσθαι: ὁ γὰρ ἀδελφὸς ὁ Ἀρεθούσιος, οὗ τἀνδράποδ᾽ ἐστὶ ταῦτα ἃ νῦν ἀπογέγραπται, οὐδένα ἐῴη οὔτε ὠνεῖσθαι οὔτε τίθεσθαι, ὡς ἐνοφειλομένου αὑτῷ ἀργυρίου.
[10] A few days afterwards he came up to me weeping, and told me that the strangers who had lent him the ransom money were demanding payment of the balance, and that it was stipulated in the agreement that he should pay it within thirty days or be indebted for double the amount; that, moreover, no one would either buy or take a mortgage on the farm adjoining mine, because his brother Arethusius, who is the owner of the slaves mentioned in the information, would not suffer anyone to buy it or take it on mortgage, alleging that money was owing him on it already.
[11] ‘σὺ οὖν μοι,’ ἔφη, ‘πόρισον τὸ ἐλλεῖπον τοῦ ἀργυρίου, πρὶν τὰς τριάκονθ᾽ ἡμέρας παρελθεῖν, ἵνα μὴ ὅ τε ἀποδέδωκα,’ ἔφη, ‘τὰς χιλίας δραχμάς, ἀπόληται, καὶ αὐτὸς ἀγώγιμος γένωμαι. συλλέξας δ᾽,’ ἔφη, ‘τὸν ἔρανον, ἐπειδὰν τοὺς ξένους ἀπαλλάξω, σοὶ ἀποδώσω ὃ ἄν μοι χρήσῃς. οἶσθα δ᾽,’ ἔφη, ‘ὅτι καὶ οἱ νόμοι κελεύουσιν τοῦ λυσαμένου ἐκ τῶν πολεμίων εἶναι τὸν λυ�
�έντα, ἐὰν μὴ ἀποδιδῷ τὰ λύτρα.’
[11] “Do you, therefore,” he said, “provide for me the amount which is lacking before the thirty days have passed, in order that what I have already paid, the thousand drachmae, may not be lost, and that I myself be not liable to seizure. I shall make a collection from my friends,” he said, “and when I have got rid of the strangers, I shall pay you in full whatever you shall have lent me. You know,” he said, “that the laws enact that a person ransomed from the enemy shall be the property of the ransomer, if he fail to pay the redemption money.”
[12] ἀκούων δὲ αὐτοῦ ταῦτα καὶ δοκῶν οὐ ψεύδεσθαι, ἀπεκρινάμην αὐτῷ ἅπερ ἂν νέος τε ἄνθρωπος καὶ οἰκείως χρώμενος, οὐκ ἂν νομίσας ἀδικηθῆναι, ὅτι ‘ὦ Νικόστρατε, καὶ ἐν τῷ πρὸ τοῦ σοι χρόνῳ φίλος ἦν ἀληθινός, καὶ νῦν ἐν ταῖς συμφοραῖς σου, καθ᾽ ὅσον ἐγὼ ἐδυνάμην, βεβοήθηκα. ἐπειδὴ δὲ ἐν τῷ παρόντι οὐ δύνασαι πορίσαι ἅπαντα τὰ χρήματα, ἀργύριον μὲν ἐμοὶ οὐ πάρεστιν, οὐδ᾽ ἔχω οὐδ᾽ αὐτός, τῶν δὲ κτημάτων σοι τῶν ἐμῶν κίχρημι ὅ τι βούλει, θέντα τοῦ ἐπιλοίπου ἀργυρίου ὅσου ἐνδεῖ σοι, ἐνιαυτὸν ἀτόκῳ χρῆσθαι τῷ ἀργυρίῳ καὶ ἀποδοῦναι τοῖς ξένοις. συλλέξας δὲ ἔρανον, ὥσπερ αὐτὸς φής, λῦσαί μοι.’