by Demosthenes
[25] ἰδίᾳ μὲν γὰρ βασανιζομένων τῶν ἀνθρώπων ὑπ᾽ ἐμοῦ ἀντελέγετ᾽ ἂν ἅπαντα ὑπὸ τούτων, εἰ δὲ δημοσίᾳ, ἡμεῖς μὲν ἂν ἐσιωπῶμεν, οἱ δ᾽ ἄρχοντες ἢ οἱ ᾑρημένοι ὑπὸ τῆς βουλῆς ἐβασάνιζον ἂν μέχρι οὗ αὐτοῖς ἐδόκει. ταῦτα δ᾽ ἐμοῦ ἐθέλοντος, οὐκ ἂν ἔφασαν τῇ ἀρχῇ παραδοῦναι, οὐδ᾽ εἰς τὴν βουλὴν ἤθελον ἀκολουθεῖν. ὡς οὖν ἀληθῆ λέγω, κάλει μοι τούτων τοὺς μάρτυρας.”Μάρτυρες”
[25] For if the men had been put to the torture privately by me, everything would have been disputed by these men; but, if publicly, we should have kept quiet, and the officers or those chosen by the senate would have carried on the torture as far as they saw fit. When I made this offer, they declared that they would not deliver up the slaves to the officials, nor would they go with me to the senate.
To prove that I am speaking the truth, call, please, the witnesses to these facts.” Witnesses”
[26] κατὰ πολλὰ μὲν οὖν ἔμοιγε δοκοῦσιν εἶναι ἀναίσχυντοι ἀμφισβητοῦντες τῶν ὑμετέρων, οὐχ ἥκιστα δὲ ὑμῖν αὐτοὺς ἐπιδείξω ἐκ τῶν νόμων τῶν ὑμετέρων. οὗτοι γάρ, ὅτε οἱ δικασταὶ ἐβούλοντο θανάτου τιμῆσαι τῷ Ἀρεθουσίῳ, ἐδέοντο τῶν δικαστῶν χρημάτων τιμῆσαι καὶ ἐμοῦ συγχωρῆσαι, καὶ ὡμολόγησαν αὐτοὶ συνεκτείσειν.
[26] Their shameless impudence in laying claim to what is yours appears to me manifest on many grounds, but I shall make their character to appear most clearly by a reference to your laws. For these men, when the jurors wished to impose a sentence of death upon Arethusius, begged the jurors to impose a fine in money, and begged me to give my assent to this; and they agreed to be jointly responsible for the payment.
[27] τοσούτου δὴ δέουσιν ἐκτίνειν καθ᾽ ἃ ἠγγυήσαντο, ὥστε καὶ τῶν ὑμετέρων ἀμφισβητοῦσι. καίτοι οἵ γε νόμοι κελεύουσι τὴν οὐσίαν εἶναι δημοσίαν, ὃς ἂν ἐγγυησάμενός τι τῶν τῆς πόλεως μὴ ἀποδιδῷ τὴν ἐγγύην: ὥστε καὶ εἰ τούτων ἦν τὰ ἀνδράποδα, προσῆκεν αὐτὰ δημόσια εἶναι, εἴπερ τι τῶν νόμων ὄφελος.
[27] But so far are they from making payment according to their guarantee, that they even lay claim to what is yours. And yet the laws enact that any man’s estate shall be confiscated who, after guaranteeing any sum due to the state, does not make good his guarantee; so that, even if the slaves belonged to them, they ought to be state-property, if the laws are of any use.
[28] καὶ πρὶν μὲν ὀφείλειν τῷ δημοσίῳ, ὁ Ἀρεθούσιος ὡμολογεῖτο τῶν ἀδελφῶν εὐπορώτατος εἶναι: ἐπειδὴ δὲ οἱ νόμοι κελεύουσιν τἀκείνου ὑμέτερα εἶναι, τηνικαῦτα πένης ὢν φαίνεται ὁ Ἀρεθούσιος, καὶ τῶν μὲν ἡ μήτηρ ἀμφισβητεῖ, τῶν δὲ οἱ ἀδελφοί. χρῆν δ᾽ αὐτούς, εἴπερ ἐβούλοντο δικαίως προσφέρεσθαι πρὸς ὑμᾶς, ἀποδείξαντας ἅπασαν τὴν οὐσίαν τὴν ἐκείνου, τὰ τούτων αὐτῶν εἴ τις ἀπέγραφεν, ἀμφισβητεῖν.
[28] And before Arethusius became a debtor to the state, he was admitted to be the richest of the brothers, but since the laws declare his property to be yours, Arethusius is made out to be a poor man, and his mother lays claim to one part of his property, and his brothers to another. If they had wished to act fairly toward you, they should have disclosed the entire estate of Arethusius, and then have filed a claim, if any of their own property had been included in the inventory.
[29] ἐὰν οὖν ἐνθυμηθῆτε, ὅτι οὐδέποτε ἔσται ἀπορία τῶν ἀμφισβητησόντων ὑμῖν περὶ τῶν ὑμετέρων （ἢ γὰρ ὀρφανοὺς ἢ ἐπικλήρους κατασκευάσαντες ἀξιώσουσιν ἐλεεῖσθαι ὑφ᾽ ὑμῶν, ἢ γῆρας καὶ ἀπορίας καὶ τροφὰς μητρὶ λέγοντες, καὶ ὀδυρόμενοι δι᾽ ὧν μάλιστα ἐλπίζουσιν ἐξαπατήσειν ὑμᾶς, πειράσονται ἀποστερῆσαι τὴν πόλιν τοῦ ὀφλήματος）, ἐὰν οὖν ταῦτα παριδόντες πάντα καταψηφίσησθε, ὀρθῶς βουλεύσεσθε.
[29] If, then, you reflect that there will be no lack of persons to lay claim to what is yours — for they will either suborn some orphans or heiresses and claim your sympathy, or they will talk about old age and embarrassments and a mother’s maintenance, and by dwelling tearfully upon these matters by which they think they can most easily deceive you, they will try to rob the state of what is due her; — if, I say, you disregard all these tricks, and reach an adverse verdict, you will decide aright.
κατὰ Κόνωνος Αἰκείας — AGAINST CONON
[1] ὑβρισθείς, ὦ ἄνδρες δικασταί, καὶ παθὼν ὑπὸ Κόνωνος τουτουὶ τοιαῦτα, ὥστε πολὺν χρόνον πάνυ μήτε τοὺς οἰκείους μήτε τῶν ἰατρῶν μηδένα προσδοκᾶν περιφεύξεσθαί με, ὑγιάνας καὶ σωθεὶς ἀπροσδοκήτως ἔλαχον αὐτῷ τὴν δίκην τῆς αἰκείας ταυτηνί. πάντων δὲ τῶν φίλων καὶ τῶν οἰκείων, οἷς συνεβουλευόμην, ἔνοχον μὲν φασκόντων αὐτὸν ἐκ τῶν πεπραγμένων εἶναι καὶ τῇ τῶν λωποδυτῶν ἀπαγωγῇ καὶ ταῖς τῆς ὕβρεως γραφαῖς, συμβουλευόντων δέ μοι καὶ παραινούντων μὴ μείζω πράγματ᾽ ἢ δυνήσομαι φέρειν ἐπάγεσθαι, μηδ᾽ ὑπὲρ τὴν ἡλικίαν περὶ ὧν ἐπεπόνθειν ἐγκαλοῦντα φαίνεσθαι, οὕτως ἐποίησα καὶ δι᾽ ἐκείνους ἰδίαν ἔλαχον δίκην, ἥδιστ᾽ ἄν, ὦ ἄνδρες Ἀθηναῖοι, θανάτου κρίνας τουτονί.
[1] With gross outrage I have met, men of the jury, at the hands of the defendant, Conon, and have suffered such bodily injury that for a very long time neither my relatives nor any of the attending physicians thought that I should survive. Contrary to expectation, however, I did recover and regain my strength, and I then brought against him this action for the assault. All my friends and relatives, whose advice I asked, declared that for what he had done the defendant was liable to summary seizure as a highwayman, or to public indictments for criminal outrage; but they urged and advised me not to take upon myself matters which I should not be able to carry, or to appear to be bringing suit for the maltreatment I had received in a manner too ambitious for one so young. I took this course, therefore, and, in deference to their advice, have instituted a private suit, although I should have been very glad, men of Athens, to prosecute the defendant on a capital charge.
[2] καὶ τούτου συγγνώμην ἕξετε, εὖ οἶδ᾽ ὅτι, πάντες, ἐπειδὰν ἃ πέπονθ᾽ ἀκούσητε: δεινῆς γὰρ οὔσης τῆς τότε συμβάσης ὕβρεως οὐκ ἐλάττων ἡ μετὰ ταῦτ᾽ ἀσέλγει᾽ ἐστὶ τουτουί. ἀξιῶ δὴ καὶ δέομαι πάντων ὁμοίως ὑμῶν πρῶτον μὲν εὐνοϊκῶς ἀκοῦσαί μου περὶ ὧν πέπονθα λέγοντος, εἶτα, ἐὰν ἠδικῆσθαι καὶ παρανενομῆσθαι δοκῶ, βοηθῆσαί μο
ι τὰ δίκαια. ἐξ ἀρχῆς δ᾽ ὡς ἕκαστα πέπρακται διηγήσομαι πρὸς ὑμᾶς, ὡς ἂν οἷός τ᾽ ὦ διὰ βραχυτάτων.
[2] And for this you will all pardon me, I am sure, when you hear what I have suffered. For, grievous as was the injury which at that time fell to my lot, it was no more so than the subsequent insults of the defendant. I ask as my right, therefore, and implore you all without distinction, to listen with goodwill, while I tell you what I have suffered, and then, if you think that I have been the victim of wrongful and lawless acts, to render me the aid which is my due. I shall state to you from the beginning each incident as it occurred in the fewest words I can.
[3] ἐξῆλθον ἔτος τουτὶ τρίτον εἰς Πάνακτον φρουρᾶς ἡμῖν προγραφείσης. ἐσκήνωσαν οὖν οἱ υἱεῖς οἱ Κόνωνος τουτουὶ ἐγγὺς ἡμῶν, ὡς οὐκ ἂν ἐβουλόμην: ἡ γὰρ ἐξ ἀρχῆς ἔχθρα καὶ τὰ προσκρούματ᾽ ἐκεῖθεν ἡμῖν συνέβη: ἐξ ὧν δέ, ἀκούσεσθε. ἔπινον ἑκάστοθ᾽ οὗτοι τὴν ἡμέραν, ἐπειδὴ τάχιστ᾽ ἀριστήσαιεν, ὅλην, καὶ τοῦθ᾽, ἕως περ ἦμεν ἐν τῇ φρουρᾷ, διετέλουν ποιοῦντες. ἡμεῖς δ᾽ ὥσπερ ἐνθάδ᾽ εἰώθειμεν, οὕτω διήγομεν καὶ ἔξω.
[3] Two years ago I went out to Panactum, where we had been ordered to do garrison duty. The sons of the defendant, Conon, encamped near us, as I would to heaven they had not done; for our original enmity and our quarrels began in fact just there. How these came about, you shall hear. These men used always to spend the entire day after luncheon in drinking, and they kept this up continually as long as we were in the garrison. We, on our part, conducted ourselves while in the country just as we were wont to do here.
[4] ἣν οὖν δειπνοποιεῖσθαι τοῖς ἄλλοις ὥραν συμβαίνοι, ταύτην ἂν ἤδη ἐπαρῴνουν οὗτοι, τὰ μὲν πόλλ᾽ εἰς τοὺς παῖδας ἡμῶν τοὺς ἀκολούθους, τελευτῶντες δὲ καὶ εἰς ἡμᾶς αὐτούς. φήσαντες γὰρ καπνίζειν αὑτοὺς ὀψοποιουμένους τοὺς παῖδας ἢ κακῶς λέγειν, ὅ τι τύχοιεν, ἔτυπτον καὶ τὰς ἀμίδας κατεσκεδάννυον καὶ προσεούρουν, καὶ ἀσελγείας καὶ ὕβρεως οὐδ᾽ ὁτιοῦν ἀπέλειπον. ὁρῶντες δ᾽ ἡμεῖς ταῦτα καὶ λυπούμενοι τὸ μὲν πρῶτον ἀπεπεμψάμεθα, ὡς δ᾽ ἐχλεύαζον ἡμᾶς καὶ οὐκ ἐπαύοντο, τῷ στρατηγῷ τὸ πρᾶγμ᾽ εἴπομεν κοινῇ πάντες οἱ σύσσιτοι προσελθόντες, οὐκ ἐγὼ τῶν ἄλλων ἔξω.
[4] Well, at whatever time the others might be having their dinner, these men were already drunk and abusive, at first toward our body-slaves, but in the end toward ourselves. For, alleging that the slaves annoyed them with smoke while getting dinner, or were impudent toward them, or whatever else they pleased, they used to beat them and empty their chamber-pots over them, or befoul them with urine; there was nothing in the way of brutality and outrage in which they did not indulge. When we saw this, we were annoyed and at first expostulated with them, but they mocked at us, and would not desist, and so our whole mess in a body — not I alone apart from the rest — went to the general and told him what was going on.
[5] λοιδορηθέντος δ᾽ αὐτοῖς ἐκείνου καὶ κακίσαντος αὐτοὺς οὐ μόνον περὶ ὧν εἰς ἡμᾶς ἠσέλγαινον, ἀλλὰ καὶ περὶ ὧν ὅλως ἐποίουν ἐν τῷ στρατοπέδῳ, τοσούτου ἐδέησαν παύσασθαι ἢ αἰσχυνθῆναι, ὥστ᾽ ἐπειδὴ θᾶττον συνεσκότασεν, εὐθὺς ὡς ἡμᾶς εἰσεπήδησαν ταύτῃ τῇ ἑσπέρᾳ, καὶ τὸ μὲν πρῶτον κακῶς ἔλεγον, τελευτῶντες δὲ καὶ πληγὰς ἐνέτειναν ἐμοί, καὶ τοσαύτην κραυγὴν καὶ θόρυβον περὶ τὴν σκηνὴν ἐποίησαν ὥστε καὶ τὸν στρατηγὸν καὶ τοὺς ταξιάρχους ἐλθεῖν καὶ τῶν ἄλλων στρατιωτῶν τινάς, οἵπερ ἐκώλυσαν μηδὲν ἡμᾶς ἀνήκεστον παθεῖν μηδ᾽ αὐτοὺς ποιῆσαι παροινουμένους ὑπὸ τουτωνί.
[5] He rebuked them with stern words, not only for their brutal treatment of us, but for their whole behavior in camp; yet so far from desisting, or being ashamed of their acts, they burst in upon us that very evening as soon as it grew dark, and, beginning with abusive language, they proceeded to beat me, and they made such a clamor and tumult about the tent, that both the general and the taxiarchs came and some of the other soldiers, by whose coming we were prevented from suffering, or ourselves doing, some damage that could not be repaired, being victims as we were of their drunken violence.
[6] τοῦ δὲ πράγματος εἰς τοῦτο προελθόντος, ὡς δεῦρ᾽ ἐπανήλθομεν, ἦν ἡμῖν, οἷον εἰκός, ἐκ τούτων ὀργὴ καὶ ἔχθρα πρὸς ἀλλήλους. μὰ τοὺς θεοὺς οὐ μὴν ἔγωγ᾽ ᾠόμην δεῖν οὔτε δίκην λαχεῖν αὐτοῖς οὔτε λόγον ποιεῖσθαι τῶν συμβάντων οὐδένα, ἀλλ᾽ ἐκεῖν᾽ ἁπλῶς ἐγνώκειν τὸ λοιπὸν εὐλαβεῖσθαι καὶ φυλάττεσθαι μὴ πλησιάζειν τοῖς τοιούτοις. πρῶτον μὲν οὖν τούτων ὧν εἴρηκα βούλομαι τὰς μαρτυρίας παρασχόμενος, μετὰ ταῦθ᾽ οἷ᾽ ὑπ᾽ αὐτοῦ τούτου πέπονθ᾽ ἐπιδεῖξαι, ἵν᾽ εἰδῆθ᾽ ὅτι ᾧ προσῆκεν τοῖς τὸ πρῶτον ἁμαρτηθεῖσιν ἐπιτιμᾶν, οὗτος αὐτὸς πρότερος πολλῷ δεινότερ᾽ εἴργασται.”Μαρτυρίαι”
[6] When matters had gone thus far, it was natural that after our return home there should exist between us feelings of anger and hatred. However, on my own part I swear by the gods I never saw fit to bring an action against them, or to pay any attention to what had happened. I simply made this resolve — in future to be on my guard, and to take care to have nothing to do with people of that sort.
I wish in the first place to bring before you depositions proving these statements, and then to show what I have suffered at the hands of the defendant himself, in order that you may see that Conon, who should have dealt rigorously with the first offences, has himself added to these far more outrageous acts of his own doing.” Depositions”
[7] ὧν μὲν τοίνυν οὐδέν᾽ ᾤμην δεῖν λόγον ποιεῖσθαι, ταῦτ᾽ ἐστίν. χρόνῳ δ᾽ ὕστερον οὐ πολλῷ περιπατοῦντος, ὥσπερ εἰώθειν, ἑσπέρας ἐν ἀγορᾷ μου μετὰ Φανοστράτου τοῦ Κηφισιέως, τῶν ἡλικιωτῶν τινός, παρέρχεται Κτησίας ὁ υἱὸς ὁ τούτου, μεθύων, κατὰ τὸ Λεωκόριον, ἐγγὺς τῶν Πυθοδώρου. κατιδὼν δ᾽ ἡμᾶς καὶ κραυγάσας, καὶ διαλεχθείς τι πρὸς αὑτὸν οὕτως ὡς ἂν μεθύων, ὥστε μὴ μαθεῖν ὅ τι λέγοι, παρῆλθε πρὸς Μελίτην ἄνω. ἔπινον δ᾽ ἄρ᾽ ἐνταῦθα （ταῦτα γὰρ ὕστερον ἐπυθόμεθα） παρὰ Παμφίλῳ τῷ γναφεῖ Κόνων οὑτοσί, Θεότιμός τις, Ἀρχεβιάδης, Σπίνθαρος ὁ Εὐβούλου, Θεογένης ὁ Ἀνδρομένους, πολλοί τινες, οὓς ἐξαναστήσας ὁ Κτησίας ἐπορεύετ᾽ εἰς τὴν ἀγοράν.
[7] Th
ese, then, are the acts of which I thought proper to take no account. Not long after this, however, one evening, when I was taking a walk, as my custom was, in the agora with Phanostratus of Cephisia, a man of my own age, Ctesias, the son of the defendant, passed by me in a drunken state opposite the Leocorion, near the house of Pythodorus. At sight of us he uttered a yell, and, saying something to himself, as a drunken man does, in an unintelligible fashion, passed on up, toward Melitê. Gathered together there for a drinking bout, as we afterwards learned, at the house of Pamphilus the fuller, were the defendant Conon, a certain Theotimus, Archeblades, Spintharus, son of Eubulus, Theogenes, son of Andromenes, and a number of others. Ctesias made them all get up, and proceeded to the agora.
[8] καὶ ἡμῖν συμβαίνει ἀναστρέφουσιν ἀπὸ τοῦ Φερρεφαττίου καὶ περιπατοῦσιν πάλιν κατ᾽ αὐτό πως τὸ Λεωκόριον εἶναι, καὶ τούτοις περιτυγχάνομεν. ὡς δ᾽ ἀνεμείχθημεν, εἷς μὲν αὐτῶν, ἀγνώς τις, Φανοστράτῳ προσπίπτει καὶ κατεῖχεν ἐκεῖνον, Κόνων δ᾽ οὑτοσὶ καὶ ὁ υἱὸς αὐτοῦ καὶ ὁ Ἀνδρομένους υἱὸς ἐμοὶ προσπεσόντες τὸ μὲν πρῶτον ἐξέδυσαν, εἶθ᾽ ὑποσκελίσαντες καὶ ῥάξαντες εἰς τὸν βόρβορον οὕτω διέθηκαν ἐναλλόμενοι καὶ ὑβρίζοντες, ὥστε τὸ μὲν χεῖλος διακόψαι, τοὺς δ᾽ ὀφθαλμοὺς συγκλεῖσαι: οὕτω δὲ κακῶς ἔχοντα κατέλιπον, ὥστε μήτ᾽ ἀναστῆναι μήτε φθέγξασθαι δύνασθαι. κείμενος δ᾽ αὐτῶν ἤκουον πολλὰ καὶ δεινὰ λεγόντων.