---
title: "Against Nicostratus · Πρὸς Νικόστρατον περὶ ἀνδραπόδων ἀπογραφῆς Ἀρεθουσίου"
author: "Demosthenes"
translator: "Augustus Taber Murray"
languages: [grc, en]
shelf: "Classical Greek"
section: 1 of 1
url: https://scriptura.si/works/demosthenes-against-nicostratus/1/
cite: "Demosthenes, tr. Augustus Taber Murray, Against Nicostratus · Πρὸς Νικόστρατον περὶ ἀνδραπόδων ἀπογραφῆς Ἀρεθουσίου, section 1. Scriptura (scriptura.si), https://scriptura.si/works/demosthenes-against-nicostratus/1/"
---

# Against Nicostratus · Πρὸς Νικόστρατον περὶ ἀνδραπόδων ἀπογραφῆς Ἀρεθουσίου

*Demosthenes, tr. Augustus Taber Murray*

A neighbour’s ingratitude and the slaves of Arethusius.

> Greek: ed. William Rennie, from the Perseus Digital Library (canonical-greekLit, tlg0014.tlg053, CC BY-SA 4.0).

> English: Augustus Taber Murray, from the Perseus Digital Library (tlg0014.tlg053.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## 1. Sections 1–29

Source: https://scriptura.si/works/demosthenes-against-nicostratus/1/ · cite a paragraph as https://scriptura.si/works/demosthenes-against-nicostratus/1/#p-N

[¶0] 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;

> Greek: 1. ὅτι μὲν οὐ συκοφαντῶν, ἀλλʼ 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 πένθʼ ἡμιμναίων ἄξια ἀνδράποδα, ὡς αὐτὸς ὁ ἀμφισβητῶν τετίμηται αὐτά, ἐκινδύνευον δʼ ἂν περί τε χιλίων δραχμῶν καὶ τοῦ μηδέποτε μηδένα αὖθις ὑπὲρ ἐμαυτοῦ γράψασθαι·

[¶1] 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.

> Greek: 2. οὐδʼ αὖ οὕτως ἄπορος ἦν οὐδʼ ἄφιλος ὥστε οὐκ ἂν ἐξευρεῖν τὸν ἀπογράψοντα· ἀλλὰ τῶν ἐν ἀνθρώποις ἁπάντων ἡγησάμενος δεινότατον εἶναι ἀδικεῖσθαι μὲν αὐτός, ἕτερον δʼ 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 δʼ ἐμοὶ τετιμωρῆσθαι ἀρκεῖ μόνον.

[¶2] 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.

> Greek: 3. εἰ μὲν οὖν μοι ἦν ἱκανὸν τὸ ὕδωρ διηγήσασθαι πρὸς ὑμᾶς τὰ ἐξ ἀρχῆς, ὅσʼ ἀγαθὰ πεπονθότες ὑπʼ ἐμοῦ οἷά με εἰργασμένοι εἰσίν, εὖ οἶδʼ ὅτι ὑμεῖς τʼ ἄν μοι ἔτι μᾶλλον συγγνώμην εἴχετε τοῦ ὀργίζεσθαι αὐτοῖς, τούτους τʼ ἀνοσιωτάτους ἀνθρώπων ἡγήσασθε εἶναι· νῦν δʼ 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] 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.

> Greek: 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, ὥστʼ 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 κατʼ ἄλλο τι, κύριον τῶν ἐν ἀγρῷ τοῦτον ἁπάντων κατέλειπον.

[¶4] 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.

> Greek: 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] 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.

> Greek: 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 διʼ ἀπορίαν ἐφοδίων οὐ πεπορευμένος εἴη ἐπὶ τοῦτον πέμποντος τούτου αὐτῷ ἐπιστολάς, καὶ ἅμα λέγων πρὸς ἐμὲ ὡς ἀκούοι αὐτὸν δεινῶς διακεῖσθαι.

[¶6] 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.

> Greek: 7. ἀκούσας δʼ ἐγὼ ταῦτα καὶ συναχθεσθεὶς ἐπὶ τῇ ἀτυχίᾳ τῇ τούτου, ἀποστέλλω τὸν Δείνωνα τὸν ἀδελφὸν αὐτοῦ εὐθὺς ἐπὶ τοῦτον, δοὺς ἐφόδιον αὐτῷ τριακοσίας δραχμάς. ἀφικόμενος δʼ 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] 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.

> Greek: 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 ʼθελήσῃ, 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] 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.

> Greek: 9. καὶ τοῦτο οὐ λόγῳ μὲν ὑπεσχόμην, ἔργῳ δὲ οὐκ ἐποίησα, ἀλλʼ ἐπειδὴ οὐκ ηὐπόρουν ἀργυρίου διὰ τὸ διαφόρως ἔχειν τῷ Φορμίωνι καὶ ἀποστερεῖσθαι ὑπʼ αὐτοῦ τὴν οὐσίαν ἥν μοι ὁ πατὴρ κατέλιπεν, κομίσας ὡς Θεοκλέα τὸν τότε τραπεζιτεύοντα ἐκπώματα καὶ στέφανον χρυσοῦν, ἃ παρʼ ἐμοὶ ἐκ τῶν πατρῴων ὄντα ἐτύγχανεν, ἐκέλευσα δοῦναι τούτῳ χιλίας δραχμάς, καὶ τοῦτο ἔδωκα δωρεὰν αὐτῷ τὸ ἀργύριον, καὶ ὁμολογῶ δεδωκέναι.

[¶9] 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.

> Greek: 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 τριάκονθʼ 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 τἀνδράποδʼ ἐστὶ ταῦτα ἃ νῦν ἀπογέγραπται, οὐδένα ἐῴη οὔτε ὠνεῖσθαι οὔτε τίθεσθαι, ὡς ἐνοφειλομένου αὑτῷ ἀργυρίου.

[¶10] 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.”

> Greek: 11. σὺ οὖν μοι, ἔφη, πόρισον τὸ ἐλλεῖπον τοῦ ἀργυρίου, πρὶν τὰς τριάκονθʼ ἡμέρας παρελθεῖν, ἵνα μὴ ὅ τε ἀποδέδωκα, ἔφη, τὰς χιλίας δραχμάς, ἀπόληται, καὶ αὐτὸς ἀγώγιμος γένωμαι. συλλέξας δʼ, ἔφη, τὸν ἔρανον, ἐπειδὰν τοὺς ξένους ἀπαλλάξω, σοὶ ἀποδώσω ὃ ἄν μοι χρήσῃς. οἶσθα δʼ, ἔφη, ὅτι καὶ οἱ νόμοι κελεύουσιν τοῦ λυσαμένου ἐκ τῶν πολεμίων εἶναι τὸν λυθέντα, ἐὰν μὴ ἀποδιδῷ τὰ λύτρα.

[¶11] 12. When I heard these words of Nicostratus, having no idea that he was lying, I answered, as was natural for a young man who was an intimate friend, and who was far from thinking that he would be defrauded, “Nicostratus, in time past I was a true friend to you, and now in your misfortunes I have helped you to the full extent of my power. But since at the moment you are unable to find the whole amount due, I indeed have no funds on hand, nor have I money any more than yourself, but I grant you a loan of whatever part of my property you choose, for you to mortgage for the balance of your debt, and to use the money without interest for a year, and to pay off the strangers. When you have made the collection from your friends, pay off my mortgage, as you yourself propose.”

> Greek: 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, καθʼ ὅσον ἐγὼ ἐδυνάμην, βεβοήθηκα. ἐπειδὴ δὲ ἐν τῷ παρόντι οὐ δύνασαι πορίσαι ἅπαντα τὰ χρήματα, ἀργύριον μὲν ἐμοὶ οὐ πάρεστιν, οὐδʼ ἔχω οὐδʼ 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.

[¶12] 13. Hearing this, Nicostratus thanked me, and bade me to proceed with the matter with all speed before the expiration of the days in the course of which he said he must pay the ransom. Accordingly I mortgaged my lodging-house for sixteen minae, to Arcesas of Pambotadae, whom Nicostratus himself introduced to me, and he lent me the money at the interest rate of eight obols a month for each mina. But, when Nicostratus had got the money, so far from showing any gratitude for what I had done for him, he immediately began to lay a plot against me to rob me of my money and become my enemy, in order that I might be at a loss how to deal with the matter, since I was young and without experience in affairs, and might not exact from him the sum for which the lodging-house had been mortgaged, but might forgive him the debt.

> Greek: 13. ἀκούσας δʼ οὗτος ταῦτα καὶ ἐπαινέσας με, ἐκέλευσε τὴν ταχίστην πρᾶξαι, πρὶν ἐξήκειν τὰς ἡμέρας ἐν αἷς ἔφη δεῖν τὰ λύτρα καταθεῖναι. τίθημι οὖν τὴν συνοικίαν ἑκκαίδεκα μνῶν Ἀρκέσαντι Παμβωτάδῃ, ὃν αὐτὸς οὗτος προὐξένησεν, ἐπὶ ὀκτὼ ὀβολοῖς τὴν μνᾶν δανείσαντι τοῦ μηνὸς ἑκάστου. λαβὼν δὲ τὸ ἀργύριον οὐχ ὅπως χάριν τινά μοι ἀποδίδωσιν ὧν εὖ ἔπαθεν, ἀλλʼ εὐθέως ἐπεβούλευέ μοι, ἵνα ἀποστερήσειε τὸ ἀργύριον καὶ εἰς ἔχθραν κατασταίη, καὶ ἀπορούμενος ἐγὼ τοῖς πράγμασιν νέος ὢν ὅ τι χρησαίμην καὶ ἄπειρος πραγμάτων, ὅπως μὴ εἰσπράττοιμι αὐτὸν τὸ ἀργύριον οὗ ἡ συνοικία ἐτέθη, ἀλλʼ ἀφείην αὐτῷ.

[¶13] 14. Accordingly he first conspired against me with some persons with whom I was at law, and bound himself by an oath to support them; then, after my action against them had commenced, he divulged to them my arguments, with which he was acquainted, and he entered me as a debtor to the public treasury to the amount of six hundred and ten drachmae, as a fine for non-production of property (although no citation had been served upon me), having got the case brought on through the agency of Lycidas the miller. As witnesses against me to attest the citation, he entered the name of his own brother, this Arethusius to whom these slaves belong, and another person; and they were prepared, in the event of my bringing to a preliminary hearing the suits which I had entered against my relatives who were wronging me, to lay an information against me, as being a debtor to the treasury, and throw me into prison.

> Greek: 14. πρῶτον μὲν οὖν ἐπιβουλεύει μοι μετὰ τῶν ἀντιδίκων, καὶ πίστιν αὐτοῖς δίδωσιν· ἔπειτʼ ἀγώνων μοι συνεστηκότων πρὸς αὐτούς, τούς τε λόγους ἐκφέρει μου εἰδώς, καὶ ἐγγράφει τῷ δημοσίῳ ἀπρόσκλητον ἐξ ἐμφανῶν καταστάσεως ἐπιβολὴν ἑξακοσίας καὶ δέκα δραχμάς, διὰ Λυκίδου τοῦ μυλωθροῦ ποιησάμενος τὴν δίκην. κλητῆρα δὲ κατʼ ἐμοῦ τόν τε ἀδελφὸν τὸν αὑτοῦ τὸν Ἀρεθούσιον τοῦτον ἐπιγράφεται, οὗπέρ ἐστιν τὰ ἀνδράποδα ταῦτα, καὶ ἄλλον τινά· καὶ παρεσκευάζοντο, εἰ ἀνακρινοίμην κατὰ τῶν οἰκείων τῶν ἀδικούντων με τὰς δίκας ἃς εἰλήχειν αὐτοῖς, ἐνδεικνύναι με ὡς ὀφείλοντα τῷ δημοσίῳ καὶ ἐμβάλλειν εἰς τὸ δεσμωτήριον.

[¶14] 15. And more than all this, he who had secured a judgement against me for six hundred and ten drachmae, when no citation had been served upon me, and had entered the names of false witnesses to the citation, made a forcible entry into my house and carried off all the furniture to the value of more than twenty minae; he did not leave a thing. I thought it my duty to avenge myself, and after paying the debt to the treasury on hearing of the fine, I was proceeding to indict the one who admitted that he had cited me to appear (that is, Arethusius), on a charge of false citation, as the law directs. He, however, came to my farm by night, cut off all the choice fruit-grafts that were there, and the tree-vines as well, and broke down the nursery-beds of olive trees set in rows round about, making worse havoc than enemies in war would have done.

> Greek: 15. ἔτι δὲ πρὸς τούτοις ὁ [Ἀρεθούσιος] ἀπρόσκλητόν μου ⟨ἑξακοσίων καὶ⟩ δέκα δραχμῶν δίκην καταδικασάμενος ⟨καὶ ψευδεῖς⟩ κλητῆρας ἐπιγραψάμενος, [καὶ] εἰσελθὼν εἰς τὴν οἰκίαν βίᾳ τὰ σκεύη πάντα ἐξεφόρησεν, πλέον ἢ εἴκοσι μνῶν ἄξια, καὶ οὐδʼ ὁτιοῦν κατέλιπεν. ὅτε δὲ τιμωρεῖσθαι ᾤμην δεῖν, καὶ ἐκτείσας τῷ δημοσίῳ τὸ ὄφλημα, ἐπειδὴ ἐπυθόμην τὴν ἐπιβουλήν, ἐβάδιζον ἐπὶ τὸν κλητῆρα τὸν ὁμολογοῦντα κεκλητευκέναι, τὸν Ἀρεθούσιον, τῆς ψευδοκλητείας κατὰ τὸν νόμον, ἐλθὼν εἰς τὸ χωρίον τῆς νυκτός, ὅσα ἐνῆν φυτὰ ἀκροδρύων γενναῖα ἐμβεβλημένα καὶ τὰς ἀναδενδράδας ἐξέκοψε, καὶ φυτευτήρια ἐλαῶν περιστοίχων κατέκλασεν, οὕτως δεινῶς ὡς οὐδʼ ἂν οἱ πολέμιοι διαθεῖεν.

[¶15] 16. More than this, as they were neighbors and my farm adjoined theirs, they sent into it in the daytime a young boy who was an Athenian, and put him up to plucking off the flowers from my rose-bed, in order that, if I caught him and in a fit of anger put him in bonds or struck him, assuming him to be a slave, they might bring against me an indictment for assault. When they failed in this, and I merely called witnesses to observe the wrong done me without committing any offence against them myself, they played against me the most dastardly trick.

> Greek: 16. πρὸς δὲ τούτοις μεθʼ ἡμέραν παιδάριον ἀστὸν εἰσπέμψαντες διὰ τὸ γείτονες εἶναι καὶ ὅμορον τὸ χωρίον, ἐκέλευον τὴν ῥοδωνιὰν βλαστάνουσαν ἐκτίλλειν, ἵνα, εἰ καταλαβὼν αὐτὸν ἐγὼ δήσαιμι ἢ κατάξαιμι ὡς δοῦλον ὄντα, γραφήν με γράψαιντο ὕβρεως. ὡς δὲ τούτου διήμαρτον, καὶ ἐγὼ μάρτυρας μὲν ὧν ἔπασχον ἐποιούμην, αὐτὸς δὲ οὐδὲν ἐξημάρτανον εἰς αὐτούς, ἐνταῦθα ἤδη μοι ἐπιβουλεύουσι τὴν μεγίστην ἐπιβουλήν·

[¶16] 17. When I had now brought my indictment of him for false citation to the preliminary examination and was about to bring the case into court, Nicostratus lay in wait for me near the stone quarries, as I was coming back late from Peiraeus, and struck me with his fist and seizing me around the waist was on the point of throwing me into the quarries, had not some people come up and, hearing my cries, run to my assistance. A few days later, I came into court on a day that was divided up among a number of cases, and proving that he had falsely attested the citation and was guilty of all the other crimes which I have mentioned, I won a conviction.

> Greek: 17. ἀνακεκριμένου γὰρ ἤδη μου κατʼ αὐτοῦ τὴν τῆς ψευδοκλητείας γραφὴν καὶ μέλλοντος εἰσιέναι εἰς τὸ δικαστήριον, τηρήσας με ἀνιόντα ἐκ Πειραιῶς ὀψὲ περὶ τὰς λιθοτομίας παίει τε πὺξ καὶ ἁρπάζει μέσον καὶ ἐώθει με εἰς τὰς λιθοτομίας, εἰ μή τινες προσιόντες, βοῶντός μου ἀκούσαντες, παρεγένοντο καὶ ἐβοήθησαν. ἡμέραις δὲ οὐ πολλαῖς ὕστερον εἰσελθὼν εἰς τὸ δικαστήριον πρὸς ἡμέραν διαμεμετρημένην, καὶ ἐξελέγξας αὐτὸν τὰ ψευδῆ κεκλητευκότα καὶ τὰ ἄλλα ὅσα εἴρηκα ἠδικηκότα, εἷλον.

[¶17] 18. When it came to fixing the penalty, the jurymen wished to impose a sentence of death upon him, but I begged them to do nothing like that on a prosecution brought by me, and I agreed to the fine of a talent which these men themselves proposed,—not that I wished to save Arethusius from the death penalty (for he deserved death on account of the wrongs which he had committed against me), but that I, Pasion’s son, made a citizen by a decree of the people, might not be said to have caused the death of any Athenian. To prove that I have told you the truth, I shall call before you witnesses to all these facts. The Witnesses The wrongs done to me by these people, men of the jury, which led me to file the information, I have made clear to you.

> Greek: 18. καὶ ἐν τῇ τιμήσει βουλομένων τῶν δικαστῶν θανάτου τιμῆσαι αὐτῷ, ἐδεήθην ἐγὼ τῶν δικαστῶν μηδὲν διʼ ἐμοῦ τοιοῦτον πρᾶξαι, ἀλλὰ συνεχώρησα ὅσουπερ αὐτοὶ ἐτιμῶντο, ταλάντου, οὐχ ἵνα μὴ ἀποθάνῃ ὁ Ἀρεθούσιος (ἄξια γὰρ αὐτῷ θανάτου εἴργαστο εἰς ἐμέ), ἀλλʼ ἵνα ἐγὼ Πασίωνος ὢν καὶ κατὰ ψήφισμα πολίτης μηδένα Ἀθηναίων ἀπεκτονὼς εἴην. ὡς δʼ ἀληθῆ εἴρηκα πρὸς ὑμᾶς, τούτων ὑμῖν πάντων τοὺς μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ.

[¶18] 19. That these slaves are the property of Arethusius, and that I listed them in the inventory because they formed a part of his estate, I shall proceed to show you. Cerdon he reared from early childhood; and to prove that he belonged to Arethusius, I shall bring before you witnesses who know the fact. The Witnesses I shall also bring before you witnesses to prove that Arethusius got the wages on his account from all the persons with whom Cerdon ever worked, and that he used, as being his master, to receive compensation or give it, whenever Cerdon wrought any damage.

> Greek: 19. ἃ μὲν τοίνυν ἀδικούμενος, ὦ ἄνδρες δικασταί, ὑπʼ αὐτῶν τὴν ἀπογραφὴν ἐποιησάμην, δεδήλωκα ὑμῖν· ὡς δʼ ἔστιν Ἀρεθουσίου τὰ ἀνδράποδα ταῦτα καὶ ὄντα ἐν τῇ οὐσίᾳ τῇ ἐκείνου ἀπέγραψα, ἐπιδείξω ὑμῖν. τὸν μὲν γὰρ Κέρδωνα ἐκ μικροῦ παιδαρίου ἐξεθρέψατο· καὶ ὡς ἦν Ἀρεθουσίου, τούτων ὑμῖν τοὺς εἰδότας μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ.

[¶19] 20. The Witnesses As for Manes: Arethusius lent some money to Archepolis of Peiraeus, and when Archepolis was unable to pay either the interest or the principal in full, he made over to him Manes in settlement. To prove that I am speaking the truth, I shall bring before you witnesses to establish these statements. The Witnesses Furthermore, from the following facts also you will see that the men belong to Arethusius.

> Greek: 20. παρʼ οἷς τοίνυν ἠργάσατο πώποτε, ὡς τοὺς μισθοὺς Ἀρεθούσιος ἐκομίζετο ὑπὲρ αὐτοῦ, καὶ δίκας ἐλάμβανε καὶ ἐδίδου, ὁπότε κακόν τι ἐργάσαιτο, ὡς δεσπότης ὤν, τούτων ὑμῖν τοὺς εἰδότας μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ. τὸν δὲ Μάνην, δανείσας ἀργύριον Ἀρχεπόλιδι τῷ Πειραιεῖ, ἐπειδὴ οὐχ οἷός τʼ ἦν αὐτῷ ἀποδοῦναι ὁ Ἀρχέπολις οὔτε τὸν τόκον οὔτε τὸ ἀρχαῖον ἅπαν, ἐναπετίμησεν αὐτῷ. καὶ ὅτι ἀληθῆ λέγω, τούτων ὑμῖν τοὺς μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ.

[¶20] 21. For whenever they bought up the produce of an orchard, or hired themselves out to reap a harvest, or undertook any other piece of farming work, it was Arethusius who made the purchase or paid the wages on their behalf. To prove that I am speaking the truth, I shall bring before you witnesses to establish these statements also. The Witnesses All the evidence which I had to offer to prove that the slaves belong to Arethusius, I have laid before you.

> Greek: 21. ἔτι τοίνυν καὶ ἐκ τῶνδε γνώσεσθε, ὦ ἄνδρες δικασταί, ὅτι εἰσὶν Ἀρεθουσίου οἱ ἄνθρωποι. ὁπότε γὰρ οἱ ἄνθρωποι οὗτοι ἢ ὀπώραν πρίαιντο ἢ θέρος μισθοῖντο ἐκθερίσαι ἢ ἄλλο τι τῶν περὶ γεωργίαν ἔργων ἀναιροῖντο, Ἀρεθούσιος ἦν ὁ ὠνούμενος καὶ μισθούμενος ὑπὲρ αὐτῶν. ὡς δʼ ἀληθῆ λέγω, καὶ τούτων ὑμῖν τοὺς μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ.

[¶21] 22. I wish, however, to speak also about the challenge which these men tendered me, and which I also tendered them. They challenged me at the preliminary hearing, stating that they were ready to deliver up the slaves, that I myself might put them to the torture, their wish being that this offer should serve as a sort of evidence for their side.

> Greek: 22. ὅσας μὲν τοίνυν μαρτυρίας παρασχέσθαι εἶχον ὑμῖν, ὡς ἔστιν Ἀρεθουσίου τὰ ἀνδράποδα, δεδήλωκα ὑμῖν. βούλομαι δὲ καὶ περὶ τῆς προκλήσεως εἰπεῖν, ἣν οὗτοί με προὐκαλέσαντο καὶ ἐγὼ τούτους. οὗτοι μὲν γάρ με προὐκαλέσαντο, ὅτε ἡ πρώτη ἀνάκρισις ἦν, φάσκοντες ἕτοιμοι εἶναι παραδιδόναι ἐμοὶ αὐτῷ τὰ ἀνδράποδα βασανίσαι, βουλόμενοι μαρτυρίαν τινὰ αὑτοῖς ταύτην γενέσθαι.

[¶22] 23. I answered, however, in the presence of witnesses, that I was ready to go with them to the senate, and in conjunction with the senate or the Eleven to receive the slaves for the torture, telling them that, if my suit against them had been a private one, I should have accepted the slaves for the torture, if they had offered them, but that, as it was, both the slaves and the information belonged to the state; and therefore the examination by the torture should be conducted by a public official.

> Greek: 23. ἐγὼ δὲ ἀπεκρινάμην αὐτοῖς ἐναντίον μαρτύρων, ὅτι ἕτοιμός εἰμι ἰέναι εἰς τὴν βουλὴν μετʼ αὐτῶν καὶ παραλαμβάνειν μετʼ ἐκείνης ἢ μετὰ τῶν ἕνδεκα, λέγων ὅτι, εἰ μὲν ἰδίαν δίκην ἐδικαζόμην αὐτοῖς, εἰ ἐμοὶ ἐξεδίδοσαν, παρελάμβανον ἄν, νῦν δὲ τῆς πόλεως εἴη τὰ ἀνδράποδα καὶ ἡ ἀπογραφή· δεῖν οὖν δημοσίᾳ βασανίζεσθαι.

[¶23] 24. I thought that it was not proper for me as a private individual to put public slaves to the torture; for I was not empowered to conduct the torture, nor was it proper that I should decide on the meaning of the answers given by the men. I thought that the Eleven, or persons chosen by the senate, should have everything written down, and then, having sealed up the evidence extorted by the torture—the answers, that is, given by the men—should produce it in court, that you might hear it, and in the light of this reach whatever verdict you might think right.

> Greek: 24. ἡγούμην γὰρ οὐ προσήκειν ἐμοὶ ἰδιώτῃ ὄντι τοὺς δημοσίους βασανίζειν· οὔτε γὰρ τῆς βασάνου κύριος ἐγιγνόμην, οὔτε καλῶς ἔχειν τὰ λεγόμενα ὑπὸ τῶν ἀνθρώπων ἐμὲ κρίνειν, ἡγούμην τε δεῖν τὴν ἀρχὴν ἢ τοὺς ᾑρημένους ὑπὸ τῆς βουλῆς γράφεσθαι, καὶ κατασημηναμένους τὰς βασάνους, ὅ τι εἴποιεν οἱ ἄνθρωποι, παρέχειν εἰς τὸ δικαστήριον, ἵνʼ ἀκούσαντες ἐκ τούτων ἐψηφίσασθε ὁποῖόν τι ὑμῖν ἐδόκει.

[¶24] 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,
(to the clerk) call, please, the witnesses to these facts. The Witnesses 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.

> Greek: 25. ἰδίᾳ μὲν γὰρ βασανιζομένων τῶν ἀνθρώπων ὑπʼ ἐμοῦ ἀντελέγετʼ ἂν ἅπαντα ὑπὸ τούτων, εἰ δὲ δημοσίᾳ, ἡμεῖς μὲν ἂν ἐσιωπῶμεν, οἱ δʼ ἄρχοντες ἢ οἱ ᾑρημένοι ὑπὸ τῆς βουλῆς ἐβασάνιζον ἂν μέχρι οὗ αὐτοῖς ἐδόκει. ταῦτα δʼ ἐμοῦ ἐθέλοντος, οὐκ ἂν ἔφασαν τῇ ἀρχῇ παραδοῦναι, οὐδʼ εἰς τὴν βουλὴν ἤθελον ἀκολουθεῖν. ὡς οὖν ἀληθῆ λέγω, κάλει μοι τούτων τοὺς μάρτυρας. ΜΑΡΤΥΡΕΣ.

[¶25] 26. 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.

> Greek: 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] 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.

> Greek: 27. τοσούτου δὴ δέουσιν ἐκτίνειν καθʼ 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] 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.

> Greek: 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 δʼ αὐτούς, εἴπερ ἐβούλοντο δικαίως προσφέρεσθαι πρὸς ὑμᾶς, ἀποδείξαντας ἅπασαν τὴν οὐσίαν τὴν ἐκείνου, τὰ τούτων αὐτῶν εἴ τις ἀπέγραφεν, ἀμφισβητεῖν.

[¶28] 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.

> Greek: 29. ἐὰν οὖν ἐνθυμηθῆτε, ὅτι οὐδέποτε ἔσται ἀπορία τῶν ἀμφισβητησόντων ὑμῖν περὶ τῶν ὑμετέρων (ἢ γὰρ ὀρφανοὺς ἢ ἐπικλήρους κατασκευάσαντες ἀξιώσουσιν ἐλεεῖσθαι ὑφʼ ὑμῶν, ἢ γῆρας καὶ ἀπορίας καὶ τροφὰς μητρὶ λέγοντες, καὶ ὀδυρόμενοι διʼ ὧν μάλιστα ἐλπίζουσιν ἐξαπατήσειν ὑμᾶς, πειράσονται ἀποστερῆσαι τὴν πόλιν τοῦ ὀφλήματος), ἐὰν οὖν ταῦτα παριδόντες πάντα καταψηφίσησθε, ὀρθῶς βουλεύσεσθε.
