36. From the seventy-seven minae, the profits of the factory, the cost of maintenance of the men must be deducted, for Therippides expended for this seven minae a year, and I admit having received thus much. Thus they expended on our behalf in the ten years seventy minae for maintenance; to this I add the balance, seven hundred drachmae, and thus credit them with a larger expenditure than they do themselves. There must also be deducted from the eight talents and more the sum they handed over to me when I came of age, and the taxes which they have paid to the state.
36. τὴν μὲν τοίνυν τροφὴν ἀπὸ τῶν ἑβδομήκοντα μνῶν καὶ ἑπτὰ λογιστέον τῶν ἀπὸ τοῦ ἐργαστηρίου γενομένων. Θηριππίδης γὰρ ἑπτὰ μνᾶς ἐδίδου καθʼ ἕκαστον τὸν ἐνιαυτὸν εἰς ταῦτα, καὶ ἡμεῖς τοῦτο λαβεῖν ὁμολογοῦμεν. ὥσθʼ ἑβδομήκοντα μνῶν ἐν τοῖς δέκʼ ἔτεσιν τροφὴν τούτων ἡμῖν ἀνηλωκότων, τὸ περιὸν τὰς ἑπτακοσίας προστίθημʼ αὐτοῖς, καὶ τούτων πλείω εἰμὶ τεθηκώς. ὃ δʼ ἐμοὶ δοκιμασθέντι παρέδοσαν καὶ ὅσον εἰς τὴν πόλιν εἰσενηνόχασιν, τοῦτʼ ἀπὸ τῶν ὀκτὼ ταλάντων καὶ τοῦ προσόντος ἀφαιρετέον ἐστίν.
37. The defendant and Therippides paid me thirty-one minae, and they compute that they have paid eighteen minae in taxes. I will go beyond them and will make this sum thirty minae, that they may have not a word to say in protest. Well, then, if you take away one talent from the eight, seven are left, which, according to their own admissions of receipts, they must necessarily have in their possession. This sum, then, even if they rob me of everything else and deny that they have it, they ought at least to have paid me, seeing that they admit having received it from my estate.
37. ἀπέδοσαν μὲν τοίνυν οὗτος καὶ Θηριππίδης μίαν καὶ τριάκοντα μνᾶς, εἰσφορὰς δʼ εἰσενηνοχέναι λογίζονται δυοῖν δεούσας εἴκοσι μνᾶς. ἐγὼ δʼ ὑπερβαλὼν τοῦτο ποιήσω τριάκοντα μνᾶς, ἵνα πρὸς ταῦτα μηδʼ ἀντειπεῖν ἔχωσιν. οὐκοῦν ἂν ἀφέλητε τὸ τάλαντον ἀπὸ τῶν ὀκτὼ ταλάντων, ἑπτὰ τὰ λειπόμενʼ ἐστί, καὶ ταῦτα, ἐξ ὧν αὐτοὶ λαβεῖν ὁμολογοῦσι, τούτους ἔχειν ἐστὶν ἀναγκαῖον. τοῦτο τοίνυν, εἰ καὶ τἄλλα πάντʼ ἀποστεροῦσιν ἀρνούμενοι μὴ ἔχειν, ἀποδοῦναι προσῆκεν, ὁμολογοῦντάς γε λαβεῖν ταῦτʼ ἐκ τῶν ἐμῶν.
38. But what is it that they do? They report no return in interest for this money, and tell me that they have expended the entire principal together with the seventy-seven minae; and Demophon has, moreover, actually set me down as indebted to him. Is not this absolute and barefaced effrontery? Is it not the very excess of outrageous rapacity? What is the meaning of outrageous, if matters pushed to this extreme are not to be so called.
38. νῦν δὲ τί ποιοῦσιν; ἔργον μὲν οὐδὲν ἀποφαίνουσι τοῖς χρήμασιν, αὐτὰ δὲ τὰ ἀρχαῖα πάντʼ ἀνηλωκέναι φασὶ σὺν ταῖς ἑπτὰ καὶ ἑβδομήκοντα μναῖς· Δημοφῶν δὲ καὶ πρὸς ὀφείλοντας ἡμᾶς ἐνέγραψε. ταῦτʼ οὐ μεγάλη καὶ περιφανὴς ἀναισχυντία; ταῦτʼ οὐχ ὑπερβολὴ δεινῆς αἰσχροκερδίας; τί οὖν ποτʼ ἐστὶ τὸ δεινόν, εἰ μὴ ταῦτα δόξει τηλικαύτας ὑπερβολὰς ἔχοντα.
39. The defendant, then, for his own part, since he admits having received one hundred and eight minae, has in his possession these and the interest on them for ten years, in all about three talents and one thousand drachmae. In proof that what I say is true—that each one of them in the account of his guardianship admits that he has received the money, but claims to have spent it all—take the depositions and read them. The Depositions I think, men of the jury, that you have now been fully informed regarding the theft and wrongdoings of each of these men.
39. οὗτος τοίνυν τὸ καθʼ αὑτὸν ὀκτὼ καὶ ἑκατὸν μνᾶς λαβεῖν ὁμολογῶν, ἔχει καὶ αὐτὰς καὶ τὸ ἔργον δέκʼ ἐτῶν, μάλιστα τρία τάλαντα καὶ χιλίας. καὶ ταῦθʼ ὡς ἀληθῆ λέγω, καὶ ἐν τοῖς λόγοις τῆς ἐπιτροπῆς τὸ λῆμμʼ ἕκαστος τοῦθʼ ὁμολογῶν λαβεῖν ἅπαν ἀνηλωκέναι λογίζεται, λαβὲ τὰς μαρτυρίας καὶ ἀνάγνωθι. ΜΑΡΤΥΡΙΑΙ.
40. You would, however, have had more exact knowledge of the matter, if they had been willing to give up to me the will which my father left; for it contained (so my mother tells me) a statement of all the property that my father left, along with instructions regarding the funds from which these men were to take what had been given them, and regarding the letting of the property.
40. νομίζω τοίνυν, ὦ ἄνδρες δικασταί, περὶ τούτων ἱκανῶς μὲν ὑμᾶς μεμαθηκέναι, καὶ ὅσα κλέπτουσιν καὶ κακουργοῦσιν ἕκαστος αὐτῶν· ἔτι δʼ ἀκριβέστερον ἔγνωτʼ ἄν, εἴ μοι τὰς διαθήκας, ἃς ὁ πατὴρ κατέλιπεν, οὗτοι ἀποδοῦναι ἠθέλησαν. ἐν γὰρ ἐκείναις ἐγέγραπτο, ὥς φησιν ἡ μήτηρ, ἃ κατέλιπεν ὁ πατὴρ πάντα, καὶ ἐξ ὧν ἔδει τούτους λαβεῖν τὰ δοθέντα, καὶ τὸν οἶκον ὅπως μισθώσουσι.
41. But as it is, on my demanding it, they admit that there was a will, but they do not produce it; and they take this course because they do not want to make known the amount of the property which was left, and which they have embezzled, and to the end that they may not appear to have received their legacies—as though they would not easily be convicted by the facts themselves. Take now, and read them the evidence of those in whose presence they made their answers. The Depositions This man declares that a will was made and testifies that in it the two talents were given to Demophon, and the eighty minae to Aphobus; but he declares there was no additional clause regarding the seventy minae which Therippides received, or regarding the amount of the property bequeathed, or instructions as to the letting of it; for it was not to his interest to make these further admissions.
41. νῦν δʼ ἀπαιτοῦντος ἐμοῦ καταλειφθῆναι μὲν ὁμολογοῦσιν, αὐτὰς δʼ οὐκ ἀποφαίνουσι. ταῦτα δὲ ποιοῦσι τό τε πλῆθος οὐ βουλόμενοι καταφανὲς ποιῆσαι τῆς οὐσίας τὸ καταλειφθέν, ὃ διηρπάκασιν οὗτοι, τάς τε δωρεὰς ἵνα μὴ δοκῶσιν ἔχειν, ὥσπερ οὐκ ἐξ αὐτοῦ τοῦ πράγματος ἐξελεγχθησόμενοι ῥᾳδίως. λαβὲ δʼ αὐτοῖς τὰς μαρτυρίας ὧν ἐναντίον ἀπεκρίναντο, καὶ ἀνάγνωθι. ΜΑΡΤΥΡΙΑΙ.
42. Now take the answer of the defendant. The Deposition He also declares that the will was made, and that the money accruing from the copper and the gall was duly paid to Therippides, which Therippides denies; and that the two talents were paid to Demophon; but in regard to the money given to himself, while he admits that the clause was written in the will, he declares that he did not assent to it, in order that he may not appear to have received it.
42. οὗτος διαθήκην μὲν γενέσθαι φησίν, καὶ τὰ δύο τάλαντα Δημοφῶντι καὶ τὰς ὀγδοήκοντα μνᾶς τούτῳ δοθῆναι μαρτυρεῖ· τὰς δʼ ἑβδομήκοντα μνᾶς, ἃς Θηριππίδης ἔλαβεν, οὐ προσγραφῆναί φησιν, οὐδὲ τὸ πλῆθος τῆς οὐσίας τὸ καταλειφθέν, οὐδὲ τὸν οἶκον ὅπως μισθώσουσιν· οὐ γὰρ αὐτῷ συμφέρει προσομολογῆσαι ταῦτα. λαβὲ δὴ τὴν τούτου ἀπόκρισιν. ΜΑΡΤΥΡΙΑ.
43. But as to the amount of the estate he, too, reveals absolutely nothing, nor as to letting the property. For it was not to his interest either to make these further admissions. The amount of the property that was left is, however, none the less clear (though these men seek to conceal it) from the terms of the will, in accordance with which they state that such large sums were given to them severally. When a man out of four talents and three thousand drachmae has given to two of these men three talents and two thousand drachmae as marriage-portions, and to the third the interest on seventy minae, it is clear, I fancy, that he took these sums, not from a small estate, but from one bequeathed to me of more than double this amount.
43. οὗτος αὖ τὴν μὲν διαθήκην γενέσθαι φησίν, καὶ τὸ ἀργύριον ἐκ τοῦ χαλκοῦ καὶ τῆς κηκῖδος ἀποδοθῆναι τῷ Θηριππίδῃ, ὃ ἐκεῖνος οὔ φησιν, καὶ τὰ δύο τάλαντα τῷ Δημοφῶντι· περὶ δὲ τῶν αὐτῷ δοθέντων γραφῆναι μέν φησιν, οὐχ ὁμολογῆσαι δʼ αὐτός, ἵνα μὴ δοκῇ λαβεῖν. τὸ δὲ πλῆθος τῆς οὐσίας οὐδʼ οὗτος ἀποφαίνει καθόλου, οὐδὲ τὸ μισθοῦν τὸν οἶκον· οὐδὲ γὰρ οὐδὲ τούτῳ συμφέρει προσομολογῆσαι ταῦτα. δῆλον τοίνυν ἐστὶν οὐδὲν ἧττον τὸ πλῆθος τῶν καταλειφθέντων, καίπερ ἀφανιζόντων τούτων τὴν οὐσίαν ἐκ τῶν διαθηκῶν, ἐξ ὧν τοσαῦτα χρήματʼ ἀλλήλοις φασὶ δοθῆναι. ὅστις γὰρ ἐκ τεττάρων ταλάντων καὶ τρισχιλίων τοῖς μὲν τρία τάλαντα καὶ δισχιλίας προῖκα δέδωκεν, τῷ δʼ ἑβδομήκοντα μνᾶς καρποῦσθαι, φανερὸν δήπου πᾶσιν ὅτι οὐκ ἀπὸ μικρᾶς οὐσίας, ἀλλὰ πλέον ἢ διπλασίας ἧς ἐμοὶ κατέλειπεν ταῦτʼ ἀφεῖλεν.
45. For, I take it, he would not wish to leave me, his son, in poverty, and be eager further to enrich these men, who were already wealthy. No; it was because of the size of the estate left to me that he gave to Therippides the interest on a sum so considerable, and to Demophon that on the two talents—though he was not yet to marry my sister—in order to accomplish one or the other of two ends: either he would by his gifts encourage them to act the more honorably in the guardianship, or, if they should prove dishonest, they would meet with no leniency at your hands, seeing that, after being so liberally treated, they sinned so grievously against us.
45. οὐ γὰρ δήπου τὸν μὲν υἱὸν ἐμὲ πένητʼ ἐβούλετο καταλιπεῖν, τούτους δὲ πλουσίους ὄντας ἔτι πλουσιωτέρους ποιῆσαι ἐπεθύμησεν, ἀλλʼ ἕνεκα τοῦ πλήθους τῶν ἐμοὶ καταλειπομένων Θηριππίδῃ τε τοσοῦτον ἀργύριον καὶ Δημοφῶντι τὰ δύο τάλαντα, οὔπω μέλλοντι τῇ ἀδελφῇ τῇ ἐμῇ συνοικήσειν, καρποῦσθαι ἔδωκεν, ἵνα δυοῖν θάτερον διαπράξαιτο, ἢ διὰ τὰ διδόμενα βελτίους αὐτοὺς εἶναι τὰ περὶ τὴν ἐπιτροπὴν προτρέψειεν, ἢ εἰ κακοὶ γίγνοιντο, μηδεμιᾶς συγγνώμης παρʼ ὑμῶν τυγχάνοιεν, εἰ τοσούτων ἀξιωθέντες τοιαῦτʼ εἰς ἡμᾶς ἐξαμαρτάνοιεν.
46. Well now, the defendant, who in addition to my mother’s marriage-portion has taken the female servants, and has lived in the house, when it becomes necessary to render an account of these matters, says he is busy with his own affairs; and he has come to such a pitch of rapaciousness, that he has even cheated my instructors of their fees, and has left unpaid some of the taxes, although he charges me with the amounts. Take these depositions too, and read them to the jury. The Depositions How could one show more clearly that he has made havoc of the whole estate, sparing nothing, however small, than by proving, as I have done by so many witnesses and proofs, that he admitted having received the marriage-portion, and that he acknowledged in writing to the guardians that he had it; that he enjoyed the profits of the factory, but makes report of none;
46. οὗτος τοίνυν καὶ αὐτὸς πρὸς τῇ προικὶ καὶ θεραπαίνας λαβὼν καὶ τὴν οἰκίαν οἰκῶν, ἐπειδὴ δεῖ λόγον αὐτὸν δοῦναι τούτων, τὰ ἑαυτοῦ πράττειν φησίν· καὶ εἰς τοσοῦτον αἰσχροκερδίας ἦλθεν, ὥστε καὶ τοὺς διδασκάλους τοὺς μισθοὺς ἀπεστέρηκεν καὶ τῶν εἰσφορῶν ἔστιν ἃς οὐ κατέθηκεν, ἐμοὶ δὲ λογίζεται. λαβὲ δὴ καὶ ταύτας αὐτοῖς τὰς μαρτυρίας καὶ ἀνάγνωθι. ΜΑΡΤΥΡΙΑΙ. πῶς οὖν ἄν τις σαφέστερον ἐπιδείξειεν πάντα διηρπακότα καὶ μηδὲ τῶν μικρῶν ἀπεσχημένον, ἢ τοῦτον τὸν τρόπον ἐπιδεικνὺς μετὰ τοσούτων μαρτύρων καὶ τεκμηρίων; τὴν μὲν προῖκα λαβεῖν ὁμολογήσαντα καὶ ἔχειν αὐτὸν πρὸς τοὺς ἐπιτρόπους ἀπογράψαντα, τὸ δʼ ἐργαστήριον κεκαρπωμένον αὐτὸν καὶ τὴν πρόσοδον οὐκ ἀποφαίνοντα.
48. that of our other effects he has sold some without paying to us the proceeds, while others he has taken to himself and hidden; that according to the account which he has himself rendered, he has embezzled large sums; that in addition to all this he has made away with the will, sold the slaves, and in all other respects has administered the estate as not even the bitterest enemies would have done? I do not see how anyone could prove the matter more clearly.
48. τῶν δʼ ἄλλων τὰ μὲν πεπρακότα καὶ τὰς τιμὰς οὐκ ἀποδεδωκότα, τὰ δʼ ὡς ἑαυτὸν λαβόντα καὶ ταῦτʼ ἠφανικότα, ἔτι δὲ παρὰ τὸν λόγον ὃν αὐτὸς ἀπέδωκε τοσαῦτα κλέπτοντα, πρὸς δὲ τούτοις τὴν διαθήκην ἠφανικότα, τὰ ἀνδράποδα πεπρακότα, τἄλλʼ οὕτω πάντα διῳκηκότα, ὡς οὐδʼ ἂν οἱ ἔχθιστοι διοικήσειαν; ἐγὼ μὲν οὐκ οἶδʼ ὅπως ἄν τις σαφέστερον ἐπιδείξειεν.
49. He had the audacity to say before the arbitrator that he had paid many debts for me out of the estate to Demophon and Therippides, his fellow-guardians, and that they received a large part of my property, yet neither of these facts was he able to prove. He did not show by the books that my father left me in debt, nor has he brought forward as witnesses the men whom he says he paid; nor, again, is the amount of money which he charged against his fellow-guardians equal to the amount which he is shown to have received himself. On the contrary, it is much less.
49. ἐτόλμα τοίνυν πρὸς τῷ διαιτητῇ λέγειν, ὡς ἀπὸ τῶν χρημάτων χρέα τε πάμπολλʼ ἐκτέτεικεν ὑπὲρ ἐμοῦ Δημοφῶντι καὶ Θηριππίδῃ τοῖς συνεπιτρόποις, καὶ ὡς πολλὰ τῶν ἐμῶν λάβοιεν, οὐδέτερʼ ἔχων ἐπιδεικνύναι τούτων. οὔτε γὰρ ὡς ὀφείλοντά με κατέλιπεν ὁ πατὴρ ἐν τοῖς γράμμασιν ἀπέφηνεν, οὐδʼ οἷς ἀποδεδωκέναι ταῦτʼ ἔφη παρέσχηται μάρτυρας, οὔτʼ αὖ τὸν ἀριθμὸν τῶν χρημάτων εἰς τοὺς συνεπιτρόπους ἐπανέφερεν ὅσον αὐτὸς φαίνεται λαβών, ἀλλὰ πολλοῖς ἐλάττω χρήμασιν.
50. When the arbitrator questioned him about each of these matters, and asked him whether he had managed his own estate from the interest or had spent the principal, and whether, if he had been under guardianship, he would have accepted an account of this sort from his guardians or would have demanded that the money be duly paid to him with the accrued interest, he made no answer to these questions, but tendered me a challenge to the effect that he was ready to show that my property was worth ten talents, and said that, if it fell short of this amount, he would himself make up the difference.
50. ἐρωτηθεὶς δʼ ὑπὸ τοῦ διαιτητοῦ ταῦτά τε καθʼ ἕκαστον, καὶ τὴν οὐσίαν τὴν αὑτοῦ πότερον ἐκ τῶν ἐπικαρπιῶν ἢ τἀρχαῖʼ ἀναλίσκων διῴκηκεν, καὶ πότερον ἐπιτροπευθεὶς ἀπεδέξατʼ ἂν τοῦτον τὸν λόγον παρὰ τῶν ἐπιτρόπων ἢ τἀρχαῖʼ ἂν ἀπολαβεῖν ἠξίου σὺν τοῖς ἔργοις τοῖς γεγενημένοις, πρὸς μὲν ταῦτʼ ἀπεκρίνατʼ οὐδέν, προὐκαλεῖτο δʼ ἐθέλειν ἐπιδεῖξαί μοι τὴν οὐσίαν δέκα ταλάντων οὖσαν· εἰ δέ τι ἐλλείποι, αὐτὸς ἔφη προσθήσειν.
51. When I bade him prove this to the arbitrator, he did not do so, nor did he show that his fellow-guardians had paid me (for if he had, the arbitrator would not have given judgement against him); but he put in a piece of evidence of a sort regarding which he will try to find something to say. If even now he still tries to assert that I am in possession of property, ask him who handed it over to me, and demand that he produce witnesses to prove each statement.
51. κελεύοντος δʼ ἐμοῦ πρὸς τὸν διαιτητὴν ἐπιδεικνύναι ταῦτʼ οὐκ ἐπέδειξεν, οὐδʼ ὡς οἱ συνεπίτροποι παρέδοσαν (οὐ γὰρ ἂν αὐτοῦ κατεδιῄτησεν), μαρτυρίαν δʼ ἐνεβάλετο τοιαύτην, περὶ ἧς πειράσεταί τι λέγειν. ἂν μὲν οὖν καὶ νῦν ἔχειν με φῇ, τίνος παραδόντος ἐρωτᾶτʼ αὐτόν, καὶ καθʼ ἕκαστον παρασχέσθαι μάρτυρας ἀξιοῦτε.
52. If he declares that it is my possession in this sense, that he reckons up what is in the hands of either of the trustees, it will be clear that he accounts for only a third part, and still does not prove that I have possession of it. For as I have convicted the defendant of having in his possession the large amount I have stated, I shall also prove that each of them has not less than he. This statement, therefore, will not help him. No; he must show that either he or his fellow-trustees really handed the money over to me. If he fails to prove this, why should you pay any attention to his challenge? He still does not prove that I have the money.
52. ἐὰν δʼ εἶναί μοι φῇ τοῦτον τὸν τρόπον, λογιζόμενος τὰ παρʼ ἑκατέρῳ τῶν ἐπιτρόπων, διπλασίοις ἐλάττω φανήσεται λέγων, ἔχοντα δʼ οὐδὲν μᾶλλον ἀποφαίνων. ἐγὼ γὰρ ὥσπερ καὶ τοῦτον τοσαῦτʼ ἔχοντʼ ἐξήλεγξα, οὕτως κἀκείνων ἑκάτερον οὐκ ἐλάττω τούτων ἔχοντʼ ἐπιδείξω. ὥστʼ οὐ τοῦτʼ αὐτῷ λεκτέον, ἀλλʼ ὡς ἢ αὐτὸς ἢ οἱ συνεπίτροποι παρέδοσαν. εἰ δὲ μὴ τοῦτʼ ἐπιδείξει, πῶς χρὴ ταύτῃ τῇ προκλήσει προσέχειν ὑμᾶς τὸν νοῦν; οὐδὲν γὰρ μᾶλλον ἔχοντά μʼ ἐπιδείκνυσι.
53. Being sorely at a loss to explain any of these matters before the arbitrator, and being convicted on each point, just as he is now before you, he had the audacity to make an outrageously false statement, to the effect that my father left me four talents buried in the ground, and that he had put my mother in charge of them. He made this statement in order that, if I should assume that he would repeat it here, I might waste my time in refuting it, when I ought to be preferring the rest of my charges against him; or if I should pass it over, not expecting him to repeat it, then he himself might now bring it up, in the hope that I, by seeming to be rich, might meet with less compassion from you.
53. πολλὰ τοίνυν ἀπορηθεὶς πρὸς τῷ διαιτητῇ περὶ πάντων τούτων, καὶ καθʼ ἕκαστον ἐξελεγχόμενος ὥσπερ νυνὶ παρʼ ὑμῖν, ἐτόλμησε ψεύσασθαι πάντων δεινότατον, ὡς τέτταρά μοι τάλανθʼ ὁ πατὴρ κατέλιπε κατορωρυγμένα καὶ τούτων κυρίαν τὴν μητέρʼ ἐποίησεν. ταῦτα δʼ εἶπεν, ἵνʼ εἰ μὲν καὶ νῦν προσδοκήσαιμʼ αὐτὸν ἐρεῖν, ἀπολογούμενος περὶ αὐτῶν διατρίβοιμι, δέον ἕτερά μʼ αὐτοῦ κατηγορεῖν πρὸς ὑμᾶς· εἰ δʼ ὡς οὐ ῥηθησομένων παραλίποιμι, νῦν αὐτὸς εἴποι, ἵνα δοκῶν εἶναι πλούσιος ἧττον ὑφʼ ὑμῶν ἐλεοίμην.
54. Yet he who dared to make such a statement put in no evidence to prove it, but relied on his bare word, as though you would lightly give him credence. When one asks him upon what he has spent so much of my money, he says he has paid debts for me, and so represents me as poor; yet, when it pleases him, he makes me rich, as it seems, seeing that my father left such a sum of money in the house. It is easy to see, however, from many considerations that he is lying, and that there is no basis of fact in this story.
54. καὶ μαρτυρίαν μὲν οὐδεμίαν ἐνεβάλετο τούτων ὁ ταῦτʼ εἰπεῖν ἀξιώσας, ψιλῷ δὲ λόγῳ χρησάμενος ὡς πιστευθησόμενος διʼ ἐκείνων. καὶ ὅταν μὲν ἔρηταί τις αὐτόν, εἰς τί τῶν ἐμῶν τοσαῦτα χρήματʼ ἀνήλωκεν, χρέα φησὶν ὑπὲρ ἐμοῦ ἐκτετεικέναι καὶ πένητʼ ἐνταυθοῖ ζητεῖ ποιεῖν· ὅταν δὲ βούληται, πλούσιον ὡς ἔοικεν, εἴπερ γε καὶ τοσοῦτον ἐκεῖνος ἀργύριον οἴκοι κατέλιπεν. ὡς δʼ οὐκ ἀληθῆ λέγειν οἷόν τʼ αὐτόν, ἀλλʼ ἀδύνατόν τι γενέσθαι τούτων, ἐκ πολλῶν ῥᾴδιον μαθεῖν.
55. For if my father had no confidence in these men, it is plain that he would neither have entrusted to them the rest of his property, nor, if he had left this money in the way alleged, would he have told them of it. It would have been the height of madness to tell them of hidden treasure, when he was not going to make them trustees even of his visible property. But if he had confidence in them, he would not, I take it, have given into their hands the bulk of his property, and not have put them in control of this. Nor would he have entrusted this remainder to my mother to keep, and then have given her herself in marriage to this man who was one of the guardians. For it is not reasonable that he should seek to secure the money through my mother, and yet to put one of the men whom he distrusted in control both of her and of it.
55. εἰ μὲν γὰρ ὁ πατὴρ ἠπίστει τούτοις, δῆλον ὅτι οὔτʼ ἂν τἄλλʼ ἐπέτρεπεν οὔτʼ ἂν ταῦθʼ οὕτω καταλείπων αὐτοῖς ἔφραζε· μανία γὰρ δεινὴ τὰ κεκρυμμένʼ εἰπεῖν, μηδὲ τῶν φανερῶν μέλλοντʼ ἐπιτρόπους καταστήσειν. εἰ δʼ ἐπίστευεν, οὐκ ἂν δήπου τὰ μὲν πλεῖστʼ αὐτοῖς τῶν χρημάτων ἐνεχείρισεν, τῶν δʼ οὐκ ἂν κυρίους ἐποίησεν. οὐδʼ ἂν τῇ μὲν μητρί μου ταῦτα φυλάττειν ἔδωκεν, αὐτὴν δʼ ἐκείνην ἑνὶ τῶν ἐπιτρόπων τούτῳ γυναῖκʼ ἔδωκεν· οὐ γὰρ ἔχει λόγον, σῴζειν μὲν τὰ χρήματα διὰ τῆς ἐμῆς μητρὸς ζητεῖν, ἕνα δὲ τῶν ἀπιστουμένων καὶ αὐτῆς καὶ τῶν χρημάτων κύριον ποιεῖν.
56. Furthermore, if there were any truth in all this, do you suppose Aphobus would not have taken my mother to wife, bequeathed to him as she was by my father? He had already taken her marriage-portion—the eighty minae—as though he were going to marry her; but he subsequently married the daughter of Philonides of Melite But if there had been four talents in the house and in her custody, as he alleges, don’t you imagine he would have raced to get possession both of her and of them.
56. ἔτι δέ, τούτων εἴ τι ἦν ἀληθές, οἴεσθʼ οὐκ ἂν αὐτὴν λαβεῖν δοθεῖσαν ὑπὸ τοῦ πατρός; ὃς τὴν μὲν προῖκʼ αὐτῆς ἤδη, τὰς ὀγδοήκοντα μνᾶς, ἔχων ὡς συνοικήσων αὐτῇ, τὴν Φιλωνίδου τοῦ Μελιτέως θυγατέρʼ ἔγημεν· τεττάρων δὲ ταλάντων ἔνδον ὄντων, καὶ ταῦτʼ ἐκείνης ἐχούσης, ὡς οὗτός φησιν, οὐκ ἂν ἡγεῖσθʼ αὐτὸν κἂν ἐπιδραμεῖν, ὥστε γενέσθαι μετʼ ἐκείνης αὐτῶν κύριον.
57. Would he have joined with his co-trustees in so shamefully plundering my visible property, which many of you knew had been left me, and have refrained, when he had the chance, from seizing a fund to the evidence of which you would not be able to testify? Who can believe this? It is impossible, men of the jury; it is impossible. No; my father entrusted to these men all the property which he left, and the defendant will tell this story, that I may meet with less compassion from you.
57. ἢ τὴν μὲν φανερὰν οὐσίαν, ἣν καὶ ὑμῶν οἱ πολλοὶ συνῄδεσαν ὅτι κατελείφθη, μετὰ τῶν συνεπιτρόπων οὕτως αἰσχρῶς διήρπασεν, ὧν δʼ οὐκ ἐμέλλεθʼ ὑμεῖς ἔσεσθαι μάρτυρες, ἀπέσχετʼ ἂν ἐξὸν αὐτῷ λαβεῖν; καὶ τίς ἂν πιστεύσειεν; οὐκ ἔστιν ταῦτʼ, ὦ ἄνδρες δικασταί, οὐκ ἔστιν, ἀλλὰ τὰ μὲν χρήματα, ὅσα κατέλιπεν ὁ πατήρ, πάντα τούτοις παρέδωκεν, οὗτος δʼ, ἵνʼ ἧττον ἐλεηθῶ παρʼ ὑμῖν, τούτοις τοῖς λόγοις χρήσεται.
58. I have many other charges to make against him, but summing them all up in one, I will break down every defence of his. He could have avoided all this trouble, had he let the estate in accordance with these laws. Take the laws and read them. The Laws In the case of Antidorus, as a result of his property having been let in accordance with these laws, there was given over to him, at the end of six years, an estate of six talents and more from an original amount of three talents and three thousand drachmae; and this some of you have seen with your own eyes; for Theogenes of Probalinthus, who leased the estate, counted out that sum in the market-place.
58. πολλὰ μὲν οὖν ἔγωγʼ ἔχω καὶ ἄλλα τούτου κατηγορεῖν· ἓν δὲ περὶ πάντων κεφάλαιον εἰπών, πάσας αὐτοῦ διαλύσω τὰς ἀπολογίας. τούτῳ γὰρ ἐξῆν μηδὲν ἔχειν τούτων τῶν πραγμάτων, μισθώσαντι τὸν οἶκον κατὰ τουτουσὶ τοὺς νόμους. λαβὲ τοὺς νόμους καὶ ἀνάγνωθι. ΝΟΜΟΙ. κατὰ τούτους τοὺς νόμους Ἀντιδώρῳ μὲν ἐκ τριῶν ταλάντων καὶ τρισχιλίων ἐν ἓξ ἔτεσιν ἓξ τάλαντα καὶ πλέον ἐκ τοῦ μισθωθῆναι παρεδόθη, καὶ ταῦθʼ ὑμῶν τινὲς εἶδον· Θεογένης γὰρ ὁ Προβαλίσιος, ὁ μισθωσάμενος αὐτοῦ τὸν οἶκον, ἐν τῇ ἀγορᾷ ταῦτα τὰ χρήματʼ ἐξηρίθμησεν.
59. But in my case, fourteen talents in ten years, when consideration is given to the time and the terms of his lease, ought to have been more than trebled. Ask him why he did not do this. If he declares that it was better not to let the estate, let him show, not that it has been doubled or trebled, but that the mere principal has been paid back to me in full. But if out of fourteen talents they have handed over to me not even seventy minae, and one of them has actually recorded me as in his debt, how can it be right to accept any word they say? It is surely impossible.
59. ἐμοὶ δʼ ἐκ τεττάρων καὶ δέκα ταλάντων ἐν δέκʼ ἔτεσιν πρὸς τὸν χρόνον τε καὶ τὴν ἐκείνου μίσθωσιν πλέον ἢ τριπλάσια κατὰ τὸ εἰκὸς προσῆκον γενέσθαι, τοῦτο διὰ τί οὐκ ἐποίησεν, ἐρωτᾶτʼ αὐτόν. εἰ μὲν γάρ φησι βέλτιον εἶναι μὴ μισθωθῆναι τὸν οἶκον, δειξάτω μὴ διπλάσια μηδὲ τριπλάσιά μοι γεγενημένα, ἀλλʼ αὐτὰ τὰ ἀρχαῖʼ ἐμοὶ πάντʼ ἀποδεδομένα. εἰ δʼ ἐκ τεττάρων καὶ δέκα ταλάντων ἐμοὶ μὲν μηδʼ ἑβδομήκοντα μνᾶς παραδεδώκασιν, ὁ δὲ καὶ πρὸς ὀφείλοντά μʼ αὑτῷ ἀπέγραψεν, πῶς ἀποδέξασθαί τι προσήκει τούτων λεγόντων; οὐδαμῶς δήπουθεν.
60. Seeing that the fortune left me was of so great value, as you heard at the beginning, the third part of it bringing in an income of fifty minae, these men, albeit insatiate in their greed, even if they refused to let the property, might out of this income and leaving the principal untouched, have maintained us, paid the taxes to the state, and saved the residue.
60. τοσαύτης τοίνυν οὐσίας μοι καταλειφθείσης ὅσην ἐξ ἀρχῆς ἠκούσατε, καὶ τοῦ τρίτου μέρους πρόσοδον αὐτῆς φερούσης πεντήκοντα μνᾶς, ἐξὸν τούτοις τοῖς ἀπληστοτάτοις χρημάτων, καὶ εἰ μὴ μισθοῦν τὸν οἶκον ἐβούλοντο, ἀπὸ μὲν τούτων τῶν προσιόντων, ἐῶντας ὥσπερ εἶχεν κατὰ χώραν, ἡμᾶς τε τρέφειν καὶ τὰ πρὸς τὴν πόλιν διοικεῖν, καὶ ὅσʼ ἐξαὐτῶν περιεγίγνετο.
61. The rest of the estate—an amount twice as large—they might have invested profitably, and, if greedy for money, have taken a reasonable amount for themselves, and have increased my estate from the income, besides keeping the principal intact. Yet they did nothing of the sort. Instead, by selling to one another the most valuable of the slaves and by absolutely doing away with the rest, they destroyed the existing source of my income and secured a considerable one for themselves at my cost.
61. ταῦτα προσπεριποιεῖν, τὴν δʼ ἄλλην οὐσίαν ἐνεργὸν ποιήσασιν, οὖσαν ταύτης διπλασίαν, αὑτοῖς τε, εἰ χρημάτων ἐπεθύμουν, μέτριʼ ἐξ αὐτῶν λαβεῖν, ἐμοί τε σὺν τοῖς ἀρχαίοις τὸν οἶκον ἐκ τῶν προσόδων μείζω ποιῆσαι, τούτων μὲν οὐδὲν ἐποίησαν, ἀποδόμενοι δʼ ἀλλήλοις τὰ πλείστου ἄξια τῶν ἀνδραπόδων, τὰ δὲ παντάπασιν ἀφανίσαντες, ἐμοῦ μὲν ἀνεῖλον καὶ τὴν ὑπάρχουσαν πρόσοδον, σφίσι δʼ αὐτοῖς οὐ μικρὰν ἐκ τῶν ἐμῶν κατεσκευάσαντο.
62. Having taken all the rest thus shamefully, they unite in maintaining that more than half of my property was never left to me at all. They have rendered an account as though the estate were one of five talents only; they do not produce the principal, though reporting no income from it, but have the impudence to tell me that the capital itself has been expended. And for this audacity they feel no shame.
62. λαβόντες δὲ καὶ τἄλλʼ αἰσχρῶς οὑτωσὶ πάντα, πλέον ἢ τὰ ἡμίσεα τῶν χρημάτων μηδὲ καταλειφθῆναι κοινῇ πάντες ἀμφισβητοῦσιν, ὡς πεντεταλάντου δὲ μόνον τῆς οὐσίας οὔσης ἐκ τοσαύτης τοὺς λόγους ἀπενηνόχασιν, οὐ πρόσοδον μὲν ἐξ αὐτῶν οὐκ ἀποφαίνοντες, τὰ δὲ κεφάλαια φανερὰ ἀποδεικνύντες, ἀλλʼ αὐτὰ τὰ ἀρχαῖʼ οὕτως ἀναιδῶς ἀνηλῶσθαι φάσκοντες. καὶ οὐδʼ αἰσχύνονται ταῦτα τολμῶντες.
63. What, pray, would have been my plight, if I had continued longer as their ward? They would have hard work to tell. For when, after the lapse of ten years, I have recovered so little from two of these men, and by the third am even set down as a debtor, have I not good ground for indignation? Nay, it is wholly clear. If I had been left an orphan of a year old, and had been six years longer under their guardianship, I should never have recovered even the pitiful amounts I now have. For, if the expenditures they have made were justifiable, the sums they have handed over to me would not have lasted six years, but they would either have had to support me themselves or to have let me perish from hunger.
63. καίτοι τί ποτʼ ἂν ἔπαθον ὑπʼ αὐτῶν, εἰ πλείω χρόνον ἐπετροπεύθην; οὐκ ἂν ἔχοιεν εἰπεῖν. ὅπου γὰρ δέκʼ ἐτῶν διαγενομένων παρὰ μὲν τῶν οὕτω μικρὰ κεκόμισμαι, τῷ δὲ καὶ πρὸς ὀφείλων ἐγγέγραμμαι, πῶς οὐκ ἄξιον διαγανακτεῖν; δῆλον δὲ παντάπασιν· εἰ κατελείφθην μὲν ἐνιαύσιος, ἓξ ἔτη δὲ πρὸς ἐπετροπεύθην ὑπʼ αὐτῶν, οὐδʼ ἂν τὰ μικρὰ ταῦτα παρʼ αὐτῶν ἀπέλαβον. εἰ γὰρ ἐκεῖνʼ ἀνήλωται ὀρθῶς, οὐδὲν ἂν τῶν νῦν παραδοθέντων ἐξήρκεσεν εἰς ἕκτον ἔτος, ἀλλʼ ἢ παρʼ αὑτῶν ἄν μʼ ἔτρεφον ἢ τῷ λιμῷ περιεῖδον ἀπολόμενον.
64. Yet is it not an outrage, if estates left to others of a value of one or two talents have as a result of letting been doubled or trebled, so that the owners have been called upon for state services, while mine, which has been wont to equip triremes and to make large contributions in taxes, will be unable to contribute even small sums thanks to the shameless acts of these men? What words are gross enough to describe their conduct? They have done away with the will, thinking to avoid discovery, their own estates they have administered from the income, and have greatly increased their capital by drawing upon my funds, while, as for my own estate, they have destroyed my entire capital, as if in requital for some grievous wrong we had done them.
64. καίτοι πῶς οὐ δεινόν, εἰ ἕτεροι μὲν οἶκοι ταλαντιαῖοι καὶ διτάλαντοι καταλειφθέντες ἐκ τοῦ μισθωθῆναι διπλάσιοι καὶ τριπλάσιοι γεγόνασιν, ὥστʼ ἀξιοῦσθαι λῃτουργεῖν, ὁ δʼ ἐμὸς τριηραρχεῖν εἰθισμένος καὶ μεγάλας εἰσφορὰς εἰσφέρειν μηδὲ μικρὰς δυνήσεται διὰ τὰς τούτων ἀναισχυντίας; τίνας δʼ οὗτοι λελοίπασιν ὑπερβολὰς εἰπεῖν; οἳ καὶ τὴν διαθήκην ἠφανίκασιν ὡς λήσοντες, καὶ τὰς μὲν σφετέρας αὐτῶν οὐσίας ἐκ τῶν ἐπικαρπιῶν διῳκήκασι καὶ τἀρχαῖα τῶν ὑπαρχόντων ἐκ τῶν ἐμῶν πολλῷ μείζω πεποιήκασι, τῆς δʼ ἐμῆς οὐσίας, ὥσπερ τὰ μέγισθʼ ὑφʼ ἡμῶν ἀδικηθέντες, ὅλον τὸ κεφάλαιον ἀνῃρήκασι.
65. You, on your part, do not act thus even toward those who sin against you: when you give judgement against any of them, you do not take away all that they have, but in pity for their wives and children you leave something even to these. But these men are so different from you that, although they had received legacies from us to make them administer their trust faithfully, they have done us these outrageous wrongs. They felt no touch of shame for their ruthlessness toward my sister, who, though my father left two talents as the dowry due her, will now get no fitting portion. Nay, they have recked nothing of kinship, as though they had been left to us, not as friends and kinsfolk, but as bitterest enemies.
65. καὶ ὑμεῖς μὲν οὐδὲ τῶν εἰς ὑμᾶς ἁμαρτανόντων ὅταν τινὸς καταψηφίσησθε, οὐ πάντα τὰ ὄντʼ ἀφείλεσθε, ἀλλʼ ἢ γυναῖκας ἢ παιδίʼ αὐτῶν ἐλεήσαντες μέρος τι κἀκείνοις ὑπελίπετε· οὗτοι δὲ τοσοῦτον διαφέρουσιν ὑμῶν, ὥστε καὶ δωρεὰς παρʼ ἡμῶν προσλαβόντες ἵνα δικαίως ἐπιτροπεύσωσι, τοιαῦτʼ εἰς ἡμᾶς ὑβρίκασι. καὶ οὐδʼ ᾐσχύνθησαν, εἰ μὴ ἠλέησαν, τὴν ἐμὴν ἀδελφήν, εἰ δυοῖν ταλάντοιν ὑπὸ τοῦ πατρὸς ἀξιωθεῖσα, μηδενὸς τεύξεται τῶν προσηκόντων, ἀλλʼ ὥσπερ ἔχθιστοί τινες, ἀλλʼ οὐ φίλοι καὶ συγγενεῖς καταλειφθέντες οὐδὲν τῆς οἰκειότητος ἐφρόντισαν.
66. For myself, I am the most wretched of men. I am helpless both to give my sister a portion and to maintain myself. Besides this, the state is pressing me hard, demanding taxes, and with right, for my father left me an estate large enough to pay them; but these men have taken all the money left me.
66. ἀλλʼ ἐγὼ μὲν ὁ πάντων ταλαιπωρότατος πρὸς ἀμφότερʼ ἀπορῶ, ταύτην θʼ ὅπως ἐκδῶ καὶ τἄλλʼ ὁπόθεν διοικῶ. προσεπίκειται δʼ ἡ πόλις ἀξιοῦσʼ εἰσφέρειν, δικαίως· οὐσίαν γὰρ ἱκανὴν πρὸς ταῦτα κατέλιπέν μοι ὁ πατήρ. τὰ δὲ χρήματα τὰ καταλειφθένθʼ οὗτοι πάντʼ εἰλήφασιν.
67. And now, in seeking to recover what is mine, I have come into the greatest peril; for if the defendant is acquitted (which heaven forbid!) I shall have to pay one-sixth of the damages, one hundred minae. The defendant, if you give judgement against him, will be liable for a sum to be determined, and will make payment, not out of his own funds, but out of mine; while in my case the sum is fixed, so that I shall not only have been robbed of my inheritance, but shall also lose my civic rights, unless you now take pity on me.
67. καὶ νῦν κομίσασθαι τἀμαυτοῦ ζητῶν εἰς κίνδυνον καθέστηκα τὸν μέγιστον. ἂν γὰρ ἀποφύγῃ μʼ οὗτος, ὃ μὴ γένοιτο, τὴν ἐπωβελίαν ὀφλήσω μνᾶς ἑκατόν. καὶ τούτῳ μέν, ἐὰν καταψηφίσησθε, τιμητόν, κοὐκ ἐκ τῶν ἑαυτοῦ χρημάτων, ἀλλʼ ἐκ τῶν ἐμῶν ποιήσεται τὴν ἔκτεισιν· ἐμοὶ δʼ ἀτίμητον τοῦτʼ ἔστιν, ὥστʼ οὐ μόνον ἔσομαι τῶν πατρῴων ἀπεστερημένος, ἀλλὰ καὶ πρὸς ἠτιμωμένος, ἂν μὴ νῦν ἡμᾶς ὑμεῖς ἐλεήσητε.
68. I beg you, therefore, men of the jury, I entreat, I implore you, to remember the laws and the oaths which you took as jurors, to render me the aid that is my due, and not to count the pleas of this man of higher worth than mine. It is your duty to show pity, not toward the guilty, but toward those in unmerited misfortune; not upon those who so cruelly rob another of his goods, but upon me, who have for so long a time been deprived of my inheritance and treated with outrage by these men, and who am now in danger of losing my civic rights.
68. δέομαι οὖν ὑμῶν, ὦ ἄνδρες δικασταί, καὶ ἱκετεύω καὶ ἀντιβολῶ, μνησθέντας καὶ τῶν νόμων καὶ τῶν ὅρκων οὓς ὀμόσαντες δικάζετε, βοηθῆσαι ἡμῖν τὰ δίκαια, καὶ μὴ περὶ πλείονος τὰς τούτου δεήσεις ἢ τὰς ἡμετέρας ποιήσασθαι. δίκαιοι δʼ ἔστʼ ἐλεεῖν οὐ τοὺς ἀδίκους τῶν ἀνθρώπων, ἀλλὰ τοὺς παραλόγως δυστυχοῦντας, οὐδὲ τοὺς ὠμῶς οὕτως τἀλλότριʼ ἀποστεροῦντας, ἀλλʼ ἡμᾶς τοὺς πολὺν χρόνον ὧν ὁ πατὴρ ἡμῖν κατέλιπεν στερομένους καὶ πρὸς ὑπὸ τούτων ὑβριζομένους καὶ νῦν περὶ ἀτιμίας κινδυνεύοντας.
69. Loudly methinks, would my father groan, should he learn that I, his son, am in danger of being forced to pay the sixth part of the marriage-portions and legacies given by himself to these men; and that, while others of our countrymen out of their own funds have dowered the daughters of impoverished kinsfolk and even friends, Aphobus refuses to pay back even the marriage-portion which he took, and that too in the tenth year.
69. μέγα δʼ ἂν οἶμαι στενάξαι τὸν πατέρʼ ἡμῶν, εἰ αἴσθοιτο τῶν προικῶν καὶ τῶν δωρεῶν ὧν αὐτὸς τούτοις ἔδωκεν, ὑπὲρ τούτων τῆς ἐπωβελίας τὸν αὑτοῦ υἱὸν ἐμὲ κινδυνεύοντα, καὶ ἄλλους μέν τινας ἤδη τῶν πολιτῶν οὐ μόνον συγγενῶν, ἀλλὰ καὶ φίλων ἀνδρῶν ἀπορούντων θυγατέρας παρὰ σφῶν αὐτῶν ἐκδόντας, Ἄφοβον δὲ μηδʼ ἣν ἔλαβεν προῖκʼ ἐθέλοντʼ ἀποδοῦναι, καὶ ταῦτʼ ἔτει δεκάτῳ.