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Jlv\ VAT. CONTENTS. ORATIONS : PAGE Against Macartatua 1 Against Leocliares 26 Against Stepkanus 1 43 Against Stephanus II 68 Against Euergus and Mnesibulus 76 Against Olympiodorus 100 Against Timotheus . 113 Against Polycles 130 For the Naval Crown 147 Against Callippus 152 Against Nicostratu.s 160 Against Conou 169 Against Collides 180 Agaiust Dionysodorus 187 Against Eubulides . 199 Against Tneoerines . . . 217 Against Nesora 237 The Funeral Oration 274 The Erotic' Oration, or Panegyric upon Epicrates .... 287 EXOUDIA 301 KIMSTJJ-;S I. Concerning Concord 338 II. Concerning his own Return 342 III. Concerning the Sons of Lyeurgus 347 IV. In Reply to the Calumnies of Theramenes . . . 356 V. To Heracleodorus, concerning the Reports of bis Conduct towards Epitimus VI. To the Council and 1'e^ple of Athens ..... 35 ( J 61G012 THE OBATIONS OF DEMOSTHENES THE ORATION AGAINST MACARTATUS. THE AEQUMBNT. THIS speech was delivered by Sositheus on behalf of his son Eubulides, a minor, in a suit brought to recover an estate from the defendant Macartatus. The estate in question was left by one Hagnias, who having died without children, Phylomache, the daughter of his first cousin Eubulides, claimed his inheritance as nearest of kin, and, being at the time married to Sositheus, prosecuted her claim through her husband in the usual way before the Archon. Her title was disputed by Glaucus and Glaucon, who claimed under an alleged will of Hagnias. A trial took place ; the will was thought not to be genuine, and the estate was adjudged to Phylomache. After this however a new claim was preferred by Theopompus, a second cousin of Hagnias, who seems to have founded his title upon two grounds. First he alleged, that Eubulides, the father of Phylomache, was first cousin to Hagnias by the half-blood only, his mother having been only half-sister to the father of Hagnias; and therefore he did not impede the descent to a second cousin by the whole blood. Secondly, he relied upon the law, cited in this oration, which gave a preference to males and the issue of males; he himself being de- scended from the common ancestor (the great grandfather) purely through males, while Phylomache was obliged to trace her descent through a female, namely Phylomache, her grandmother. In answer to the latter argument it was urged, that the preference of males only applied when the parties traced their descent to the same com- mon ancestor; and that Phylomache, who was first cousin once removed to Hagnias, was descended from his grandfather, whereas Theopompus was descended from his great grandfather, and was not entitled to inherit according to the Attic law, until both the paternal and maternal relatives within the third degree were exhausted. We do not know how this point was decided ; for the first objection to Phylomache's title, which, as Sositheus says, took him by surprise, prevailed with the court, and the verdict was accordingly given for Theopompus. VOL. V. B ... 2 THE ORATIONS OF DEMOSTHENES. It is stated also by Sositheus, that Theopompus was materially assisted in the trial by Glaucus and Glaucon and a certain other party, all of whom appeared as independent claimants, and pretended to be acting on their own account, but really played into the hands of Theopom- pus. How the Athenian law enabled such collusion to be practised upon the trial of an inheritance suit, has been partly shown in Volume IV. Appendix VI. page 365 ; and the reader may compare what is said hi Isaeus, De Hagnice Heroditate, page 86, Bekker's edition. Theopompus, having thus gained the estate, remained in possession until his death, which happened many years after, and was succeeded by his son Macartatus. A five years' quiet possession would have conferred upon Macartatus an indefeasible title : but within the five years a claim was preferred against him on behalf of Eubulides, the second son of Sositheus and Phylomache. Sositheus, having given to this son the name of his maternal grandfather, had introduced him to the grandfather's clan, and made him (as far as he could do so legally) the grandfather's son by adoption, in order that he might oecome, in point of law, a first cousin once removed to Hagnias, whose inheritance was in dispute. Macartatus is then cited before the Archon, to defend his title against the young Eubulides ; a court is held to try the question de novo ; and Sositheus conducts the case of his son, as he had before conducted that of his wife. The present claim is put substantially on the same ground as that of Phylomache, the plaintiff making title as the child (son by adoption) of Eubulides, first cousin of Hagnias. Sositheus takes care this time to provide himself with evidence to show that Phylomache, mother of his father-in-law Eubulides, was sister by the whole blood to the father of Hagnias. On the other side doubtless the same grounds of opposition were taken as before ; but, in addition to these, we may collect as well from the argument of the present plaintiff, as from that in the case of Leochares which follows, that the legality of the proceeding, by which the young Eubulides was trans- ferred to the clan and house of his maternal grandfather, would be disputed by Macartatus, on the ground that an adoption could only be effected by the grandfather himself in his lifetime. Sositheus indeed declares, that his father-in-law had desired and intended in his lifetime to adopt a child of his daughter, and that he himself had only carried that intention into effect. It is probable however, that a mere wish or intention to adopt, not followed by any act of the adopting father in his lifetime or by any testamentary direction, would be wholly inoperative in point of law ; and if so, Macartatus would contend, that the proceeding of Sositheus was a nullity, his object having been to obtain a new trial by substituting the son for the mother, whose claim was barred by the former verdict. For an explanation of the law upon the whole of this subject, the reader is referred to Article Heres in the Archaeological Dictionary, and the authorities there cited. He should peruse also the oration of Isaeus " On the estate of Hagnias," which relates to the same subject matter, though the parties to the cause are different. After Theo- pompus, the father of Macartatus, has recovered the estate from AGAINST MACARTATUS. 3 Phylomache, a demand is made upon him for a moiety of it in behalf of his deceased brother's son; who being an infant, his guardian prefers an impeachment against Theopompus for defrauding him. Isaeus wrote the speech for the defence, which, we may conclude, was successful. A table of descent is annexed, containing the principal persons referred to in the case. II! 4: THE ORATIONS OF DEMOSTHENES. SINCE we have had trials, men of the jury, with these same parties on former occasions for the estate of Hagnias, and they persist in their violent and lawless conduct, endeavouring by every possible means to keep possession of what does not belong to them, it is perhaps necessary to explain to you everything that has taken place from the beginning : for you, men of the jury, will thus more easily follow the whole argu- ment, and these persons will be exhibited in their true characters, and you will see that they have been for a long time playing tricks and are playing them still, and imagine they may do whatever comes into their head. We therefore beseech you, men of the jury, to give us a favourable hearing, and to follow our statement with attention. I will endeavour on my part to give you the fullest possible information on the subject. The mother of this boy, men of the jury, being the nearest of kin to Hagnias of GEum, got the estate of Hagnias to be adjudged to her according to your laws : and not one of the adverse claimants of this estate ventured to swear that he was nearer of kin than the lady, (for it was admitted on all hands that by birth she was entitled to the inheritance ;) but a false will had been concocted by Glaucus of GEum, and Glaucon, his brother, and Theopompus, father of the defendant Macar- tatus, who assisted in getting up the whole case for them, and was their witness in most of the depositions that were put in. The will which they then produced was proved to be false ; and they not only lost the cause, but went out of court with a deep stain upon their character. And Theopompus, father of the defendant Macartatus, was in the city, when the crier asked " if any one wished to make a claim to the estate of Hagnias, either by descent or under a will, or to deposit security for the costs of such claim j " yet he did not venture to make any deposit, but gave judgment against himself, that he had no title whatever to the estate of Hagnias. The mother of this boy thus became possessed of the estate, having prevailed in the court of justice against all who disputed her title. Yet such is the brutality of these persons ; so deter- mined were they not to obey your laws or abide by a judicial decision, but rather to use every possible means to deprive her again of the estate which you adjudged to her; they conspired together, and entered into an agreement which they AGAINST MACARTATUS. 5 deposited with Medeus of Hagnus the parties to the con- spiracy being Theopompus, father of the defendant Macartatus, Glaucus, and Glaucon, who lost the former trial ; and they had associated a fourth person with them, an acquaintance of their own, whose name was Eupolemus all these persons, I say, in pursuance of their plot, cited the lady before the archon to try the title to the estate of Hagnias, saying that the law prescribed that, whoever wished to make a claim should cite the party who had obtained an adjudication and was in possession of the estate. And when the archon brought the cause into court, and the trial was to come on, they had got everything nicely arranged for the trial, and (among other things) the water allowed them for their speeches was four times as much as ours. For the archon, men of the jury, was obliged to pour nine gallons of water into the glass for each of the claimants, and a fourth of that quantity for the second speech ; so that I, who conducted the cause for the lady, was not only unable to explain the relationship and other important points as I could have wished to the jury, but found it impossible to answer the smallest fraction of the lies which they told against us ; for I had only a fifth part of the water. And this was the contrivance ; that they should co-operate with each other and agree in everything, and that they should misrepresent our case entirely. In this manner they plotted and acted in concert together against us ; and there being four ballot-boxes produced according to law, the jurors (very naturally, as it seems to me), were deceived and divided in opinion, and under mistake, owing to this intrigue, they voted each of them at hap-hazard ; and there were about three or four more balls in the box of Theopompus than in the box of the lady. Such were the proceedings at that time, men of the jury. After the birth of this child, when I thought the season had arrived, not feeling any resentment at what had occurred, but considering that the former jury had fallen into a natural mistake, I introduced this boy, Eubulides, to the clansmen of Hagnias, as he was the son of his daughter, in order that his family might not become extinct. For, men of the jury, it was the dearest wish of the former Eubulides, who was nearest of kin to Haguias, that a son might be born to him, as a daughter had been, namely the mother of this boy : but, t) THE ORATIONS OF DEMOSTHENES. since that wish was not accomplished, and he had no male issue, the next object of his anxiety was, that a son of his daughter should be adopted by him into his own family and that of Hagnias, and be introduced to his clansmen ; for he considered, men of the jury, that of all his surviving relatives his daughter's son was the nearest to him, and that this would be the best means of preserving his house and preventing its extinction. And I, who had married the daughter of Eubu- lides, (she having been adjudged to me as next of kin,) per- formed this service for him : I introduced this boy to the clansmen of Hagnias and Eubulides, of whose community Theopompus, the father of the defendant Macartatus, was a member in his lifetime, and Macartatus himself is a member also. And the fellow-clansmen of Macartatus, men of the jury, who thoroughly knew the pedigree of the family, seeing that he himself did not choose to run any risk, and did not remove the victim from the altar, as if this boy were not rightfully introduced, but required them to commit perjury, took the ballot-balls while the victims were burning, carrying them from the altar of Jupiter Phratrius in the presence of the defendant Macartatus, and passed a just vote, men of the jury, namely, that this boy was properly and rightfully intro- duced as the adopted son of Eubulides into the family of Hagnias. The clansmen of the defendant Macartatus having passed such resolution, this boy, being the son of Eubulides, cited Macartatus to try the title to the estate of Hagnias, and got a day appointed before the archon, putting his brother's name on the record as guardian ; for I, men of the jury, could no longer be nominated as guardian, having transferred the child by adoption into the family of Eubulides. And the citation was made by this boy according to the same law, under which these men cited his mother, who had before suc- ceeded in the court, and was in possession of the estate of Hagnias. Now read me the law, which directs that the party who is in possession of the inheritance shall be cited. THE LAW. " If any person shall claim the inheritance or the heiress after adjudication, let him cite the party who has obtained the adjudication before the archon, in the same manner as in AGAINST MACARTATUS. 7 other suits : and the claimant shall make a deposit for costs, and if the estate shall be adjudged to him without citation, the adjudication shall be of no effect. And if the person who has had the estate adjudged to him is not alive, let him cite in like manner the successor, if his time of prescription has not expired : and the question to be tried by the archon shall be, on what grounds the person whose property he possesses obtained the adjudication." You have heard the law, and I make one reasonable request to you, men of the jury. If I show that this boy, Eubulides, and Phylomache, who is mother to the boy, and daughter of Eubulides, are nearer of kin to Hagnias than Theopompus, the father of Macartatus, and not only that they are the nearest of kin, but that there is no person at all belonging to the house of Hagnias, except the mother of this boy and the boy himself if I can establish this, I entreat you, men of the jury, to give me redress. I intended at first, men of the jury, to write the whole pedigree of the family of Hagnias on a board, and thus to exhibit every particular before you ; but then I thought that all the jurors would not have an equally good view, for those who sat at a distance would not have the benefit of it ; so perhaps it is necessary to explain it to you by word of mouth, which you will all comprehend. I will do my best to describe to you the genealogy of Hagnias in as short a compass as possible. Buselus, men of the jury, was a member of the township of CEum, and he had five sons, Hagnias and Eubulides and Stratius and Habron andCleocritus. And all these sons of Buselus grew up to manhood, and their father Buselus divided his property among them all fairly and equitably, as it became him to do. Having partitioned the estate among them, each of the sons married a wife according to the Athenian laws, and they had all sons born to them and grandsons, and five families sprang up out of the single family of Buselus, and they dwelt apart, each managing his own family and bringing up his own offspring. Concerning three of these brothers, sons of Buselus, and their descendants, I need not trouble either you, men of the jury, or myself with any particulars. Although they stand in the same degree with Theopompus, and are as near of kin 8 THE ORATIONS OF DEMOSTHENES. to Hagnias, whose inheritance is in question, not one of them has ever troubled us, either now or at an earlier period ; not one has made any claim either to the estate of Hagnias, or to the heiress, who was assigned in marriage to me ; for they considered that they had no title to anything belonging to Hagnias. It seems therefore to me, that it would be super- fluous to say anything about them, except what is absolutely necessary to mention. Of Theopompus however, the father of Macartatus. and of Macartatus, the defendant himself, it is necessary for me to speak. What I have to say, men of the jury, will be brief. You have just heard that Buselus had five sons. One of these was Stratius, the ancestor of the defendant Macartatus, and another was Hagnias, the ancestor of this boy. Hagnias had a son Polemo, and a daughter Phylomache, sister of Polemo both by the father's and the mother's side. Stratius, the brother of Hagnias, had issue, Phanostrate, and Chari- demus, the grandfather of the defendant Macartatus. Now I ask you, men of the jury, which is nearer of kin and more closely related to Hagnias his son Polemo, and his daughter Phylomache, or Charidemus, the son of Stratius, and nephew of Hagnias ? I think for my part, that a son and daughter are more closely related to every one of us than a nephew ; and this is not only not a received opinion with us, but with all the rest of mankind, whether Greeks or barbarians. As this then is acknowledged, you will easily follow the rest of the argument, men of the jury, and you will see the reckless audacity of our opponents. Polemo, the son of Hagnias, had a son Hagnias, bearing the name of his grandfather Hagnias. And this second Hagnias died without issue. Phylomache, Polemo's sister, and Philagrus, to whom her brother Polemo gave her in marriage, he being his first cousin, (for Philagrus was son to Eubulides, the brother of Hagnias,) they, Philagrus, the cousin of Polemo, and Phylomache, the sister of Polemo, had a son Eubulides, the father of this boy's mother. These then were the sons of Polemo and Polemo's sister Phylomache. To Charidemus, the son of Stratius, there was born a son, Theopompus, the father of the defendant Macartatus. Now again I ask you, men of the jury which is nearer of kin and more closely related to the first Hagnias Hagnias, AGAIXST MACARTATUS. 9 the son of Polemo, and Eubulides, the son of Phylomache and Philagrus, or Theopompus, the son of Charidemus, and grand- son of Stratius 1 It appears to me, men of the jury, if the son and the daughter are the nearest relations, that again the son's son and the daughter's son are more nearly related than the son of the nephew, and a child of another branch of the family. Well : to Theopompus was born a son, Macartatus, the defendant. To Eubulides, the son of Phylomache, and first cousin of Hagnias, was born this boy, who, in respect of Eubulides, his father by adoption, is son of a first cousin, by the father's side, 1 to Hagnias ; since Phylomache, the mother of Eubulides, and Polemo,the father of Hagnias, were brother and sister both by the father's and the mother's side. To Macar- tatus, the defendant, the son of Theopompus, there has been no issue who is both in the family of Hagnias and that of Stratius. Such being the facts, this boy has one of the titles mentioned in the law, and to which the law allows the right of succession to extend ; for he is first cousin once removed to Hagnias; for his father Eubulides was first cousin to Hagnias, whose inheritance is in question. On the other hand, Theopompus, father of the defendant Macartatus, cannot give hiin any of the titles mentioned in the law ; for he belonged to a different branch of the family, namely, that of Stratius. But it is not proper, men of the jury, for any person to possess the estate of Hagnias, who belongs to a dif- ferent branch of the family, as long as there remains any person who sprang from the branch of Hagnias ; nor is it proper to expel such person by violence, which these men are attempting to do, they being more distantly related, and not in the same branch of the family. For this, men of the jury, is the point upon which Theopompus, father of the defendant Macartatus, misled the jury. Who then are remaining? They who are still in the family of Hagnias, namely, my wife Phylomache, who was daughter of Eubulides, the first cousin of Hagnias, and this boy, who has been introduced into the family of Eubulides and Hagnias. Theopompus however, the father of the defendant Macartatus, not being of the family of Hagnias, told a huge falsehood to the jury concern- ing Phylomache, the sister of Polemo, and aunt of Hagnias, 1 With reference to Polemo. See 1063, line 22. 10 THE ORATIONS OF DEMOSTHENES. saying that she was not sister of Polemo, the son of Hagnias, both by the father's and the mother's side ; and another false- hood, in pretending that he was of the same family with Hagnias, when he never belonged to it. All this Theopompus asserted fearlessly, without producing any witness, who would have been responsible to us, but leaving his associates to con- firm what he said ; for they co-operated together, and took all measures in concert, in order to deprive the lady, the mother of this boy, of the estate which you had decided to be hers. I desire, men of the jury, to call witnesses to the facts which I have stated to you, first to prove that Phylomache, the daughter of Eubulides, obtained judgment for the estate of Hagnias, as being the next of kin, and then to establish the rest of the facts. Eead the deposition : THE DEPOSITION. " The deponents say, that they were before the arbitrator in the archonship of Nicophemus, when Phylomache, the daughter of Eubulides, obtained judgment for the estate of Hagnias against all who disputed her title." That Phylomache, the daughter of Eubulides, obtained judgment for the estate of Hagnias, you have heard, men of the jury. And she obtained it not by any iniquitous con- trivance or conspiracy, but in the fairest possible manner, by showing that she was nearest of kin to Hagnias, whose in- heritance is in question, being daughter of his first cousin by the father's side, and being of the same branch of the family with Hagnias. When Macartatus therefore says, that his father Theopompus obtained judgment for this estate, reply to him yourselves, men of the jury, that the lady also obtained judgment before his father Theopompus, and that the lady won the cause fairly, being of the same branch of the family as Hagnias, being daughter of Eubulides, the first cousin of Hagnias, whereas Theopompus did not win the cause, but cheated her out of it, he being of an entirely dif- ferent branch from Hagnias. Make this reply to him your- selves, men of the jury ; and further, that neither Theopompus, the father of Macartatus, nor any one else ever got a judgment against this boy Eubulides, the son of .Eubulides, and first cousin once removed by the father's side to Hagnias, whose inheritance is in question. The trial and the contest for the AGAINST MAOABTATUS. 11 estate of Hagnias are now between this son of Eubulides on the one side, and this Macartatus, the son of Theopompus, on the other; and whichever of the two parties shall in your opinion make out a case most consonant to law and justice, that party, it is plain, you jurors will support. Read the remaining depositions ; first, those to prove that Phylomache, the aunt of Hagnias, was sister both by the father's and the mother's side to Polemo, the father of Hagnias : after that, he shall read all the other depositions concerning the pedigree. DEPOSITIONS. " The deponents say, that they are members of the same township with Philagrus, the father of Eubulides, and Polemo, the father of Hagnias, and they know that Phylomache, the mother of Eubulides, was reputed to be the sister of Polemo, the father of Hagnias, both by the father's and the mother's side, and they never heard from any one that Polemo, the son of Hagnias, had a brother." ANOTHER DEPOSITION. " The deponents say, that (Euanthe, the mother of their grandfather Stratonides, was first cousin to Polemo, the father of Hagnias, their fathers having been brothers, and they heard from their father, that Polemo, the father of Hagnias, never had any brother, but had a sister by the father's and the mother's side, namely, Phylomache, the mother of Eubulides, the father of Phylomache wife of Sositheus." ANOTHER DEPOSITION. " The deponent says, that he is a relation and fellow-clans- man and fellow-townsman of Hagnias and Eubulides, and he heard from his father and his other relations, that Polemo, the father of Hagnias, never had any brother, but he .had a sister by the father's and the mother's side, namely, Phylo- mache, the mother of Eubulides, the father of Phylomache wife of Sositheus." ANOTHER DEPOSITION. " The deponent says, that Archilochus was his grandfather and adopted him as son, and that he was a kinsman of Polemo, the father of Hagnias, and he heard from Archilochus and 12 THE ORATIONS OF DEMOSTHENES. his other relations, that Polemo, the father of Hagnias, never had any brother, but had a sister by the same father and the same mother, namely, Phylomache, the mother of Eubulides, the father of Phylomache wife of Sositheus." ANOTHER DEPOSITION. " The deponent says, that his wife's father Callistratus was first cousin to Polemo, the father of Hagnias, and to Chari- demus, the father of Theopompus, their three respective fathers having been brothers, and that his mother was daughter of a first cousin of Polemo, and that their mother often said to them, that Phylomache, the mother of Eubulides, was sister of Polemo, the father of Hagnias, both by the father's and the mother's side, and that Polemo, the father of Hagnias, never had any brother." On the former occasion, men of the jury, when these men entered into a conspiracy, and united to carry on a joint-case against the lady, we, men of the jury, neither prepared depo- sitions nor called witnesses to establish a fact that was not in controversy, but supposed that upon this point we were perfectly safe. Our opponents scrupled not to employ every kind of artifice to win the trial, and had no other thought but to deceive the jury for the moment : they asserted, that Polemo, the father of Hagnias, had no sister at all by the father's and the mother's side; such was their abominable Impudence, to mislead the jury upon a matter so important and so notorious ! and they exerted all their efforts to establish this assertion. We however to-day have produced all these witnesses before you concerning the sister of Polemo and aunt of Hagnias. Let any one that likes give evidence for the defendant, either that Polemo and Phylomache were not brother and sister by the same father and the same mother ; or that Polemo was not the son, and Phylomache not the daughter, of Hagnias the son of Buselus ; or that Polemo was not the father of Hagnias, whose inheritauce is in question, and Polemo's sister Phylomache not his aunt ; or that Eubulides was not the son of Phylomache, or of Philagrus, the cousin of Hagnias; or again, that the still living Phylomache is not the daughter of Eubulides, the first cousin of Hagnias, and this boy not his son, having been adopted according to your laws into the family of Eubulides ; AGAINST MACARTATUS. 13 or that Theopompus, the father of the defendant Macartatus, was of the same branch as Hagnias. Let any one give testi- mony for him to any of these points. But I am sure, no mortal will be so hardy or so desperate. Now, men of the jury, let me make it clear to you, that on the former occasion they got the better of us by their impudence, without having a word to say on the merits of the case. Read the rest of the depositions : DEPOSITIONS " The deponent says, that he is a relation of Polemo, the father of Hagnias, and he heard from his father, that Phila- grus, the father of Eubulides, and Phanostrate, the daughter of Stratius, and Callistratus, the father of the wife of Sosi- theus, and Euctemon, who was king-archon, and Charidemus, the father of Theopompus and Stratocles, were first cousins to Polemo, being children of fathers who were brothers, and that Eubulides stood in the same degree of relationship to the sons of Charidemus and to Hagnias, with reference to his father Philagrus, but that, with reference to his mother Phylomache, Eubulides was reputed to be first cousin to Hagnias, being his father's nephew, and son of the paternal aunt of Hagnias." ANOTHER DEPOSITION. " The deponents say, that they are of kin to Polemo, the father of Hagnias, and to Philagrus, the father of Eubulides, and to Euctemon, who was king-archon, and they know that Euctemon was brother by the same father to Philagrus, the father of Eubulides ; and that, when the citation was given by Eubulides to try the title to the estate of Hagnias, Euctemon was still living, being first cousin to Polemo, the father of Hagnias, their fathers having been brothers, and that Euctemon did not contest the title to the estate of Hagnias with Eubulides, nor did any one else advance a claim by descent at that time." ANOTHER DEPOSITION. " The deponents say, that their father Straton was of kin to Polemo, the father of Hagnias, and to Charidemus, the father of Theopompus, and to Philagrus, the father of Eubulides, and they heard from their father, that Philagrus 14 THE ORATIONS OP DEMOSTHENES. took for his first wife Phylomache, sister of Polemo, the father of Hagnias, both by the father's and the mother's side, and that Philagrus had by Phylomache a son Eubulides, and that, after the death of Phylomache, Philagrus took a second wife, Telesippe, and that there was born a brother to Eubu- lides, but by the father's side only, named Menestheus ; and that, when Eubulides claimed the estate of Hagnias by descent, Menestheus put in no claim to the estate of Hagnias, nor did Euctemon, the brother of Philagrus, nor did any other person claim title by descent in opposition to Eubulides at that time." ANOTHER DEPOSITION. " The deponent says, that his father Archimachus was of kin to Polemo, the father of Hagnias, and to Charidemus, the father of Theopompus, and to Philagrus, the father of Eubulides, and he heard from his father, that Philagrus took for his first wife Phylomache, sister by the same father and the same mother to Polemo, the father of Hagnias, and that there was issue by Phylomache, namely Eubulides, and that, after the death of Phylomache, Philagrus took a second wife, Telesippe, and that Philagrus had by Telesippe a son Menestheus, brother to Eubulides by the same father, but not by the same mother ; and that, when Eubulides claimed the estate of Hagnias by descent, Menestheus put in no claim to the estate, nor did Euctemon, the brother of Philagrus, nor did any other person claim title by descent in opposition to Eubulides at that time." ANOTHER DEPOSITION. " The deponent says, that Callistratus, his mother's father, was brother to Euctemon, who was king-archon, and to Philagrus, the father of Eubulides, and that they were first cousins to Polemo, the father of Hagnias, and to Charidemus, the father of Theopompus, and he heard from his mother, that Polemo, the father of Hagnias, had no brother, but had a sister by both the father's and the mother's side, named Phylomache, and that Philagrus married this Phylomache, and they had a son Eubulides, the father of Phylomache wife of Sositheus." It was a matter of necessity to read these depositions, men of the jury, in order that we might not suffer the same mis- AGAINST MACARTATUS. 15 fortune as before, and be taken by these persons unprepared. But the defendant Macartatus shall give testimony against himself, and prove far more clearly than I have proved already, that neither his father Theopompus nor himself has the least title to inherit anything from Hagnias, Theopompus being in a degree further removed, and in an entirely different branch of the family. For suppose he were asked, men of the jury, as follows " Who is the party who disputes the title of this boy to the estate of Hagnias ? " Of course he would say, "Macartatus." "Who is his father?" "Theopompus." " Who is his mother ? " " The daughter of Apolexis, of the Prospaltian township, and sister of Macartatus of the same township." " And of whom was Theopompus the son ? " "Of Charidemus." "And of whom was Charidemus the son ?" "Of Stratius." "And of whom was Stratius ?" "Of Buselus." This, men of the jury, is the branch of Stratius, one of the sons of Buselus, and these are the descendants of Stratius, whose names you have heard ; and here does not occur a single one of the names belonging to the family of Hagnias, no, nor even one that is similar. Now again, let me interrogate this boy " Who are you, that contest with Macartatus the right to the estate of Hagnias ? " The boy has no other possible answer, men of the jury, but this "I am Eubulides." " Of whom the son 1 " " Of Eubulides, the first cousin of Hagnias."" By what mother ? " " By Phylo- mache, who was daughter of a first cousin by the father's side to Hagnias." " Of whom was Eubulides the son?" "Of Philagrus, the cousin of Hagnias." " By what mother 1 " " By Phylomache, the aunt of Hagnias." " And of whom was Hagnias the son ? " " Of Polemo." " And of whom was Polemo 1 " " Of Hagnias." " And of whom was Hagnias ? " " Of Buselus." This is another branch, that of Hagnias, one of the sons of Buselus, and here we find no name what- ever of the descendants of Stratius, neither the same name, nor any similar ; but they go on in a course of their own in the family of Hagnias, receiving names from one another. Thus in every way, and in every point of view, their case is dis- proved ; it is shown that they came from another branch of the family, and are in a degree further removed, and that they are not entitled to inherit any of the property of Hag- nias. That you may see, to what persons the legislator gives 16 THE ORATIONS OF DEMOSTHENES. the right of succession and inheritance, he shall read you these laws : THE LAWS. " Whenever any one dies without having made a will, if he leaves female children, his property shall be taken together with them ; if not, the persons herein mentioned shall be entitled to the property. If there are brothers by the same father, and if there are children of brothers lawfully born, the latter shall take the share of the father. If there are no brothers or children of brothers, the next of kin shall take in like manner : and males and the issue of males shall have preference, if they are from the same ancestor, even though in degree further removed. If there are no relatives on the father's side within the degree of children of cousin's children, the relatives of the intestate on the mother's side shall inherit in like manner. But if there shall be no relative either on the father's or the mother's side within the degree aforesaid, the nearest of kin on the father's side shall inherit. And no illegitimate child, either male or female, shall have succession to any rights either sacred or civil, from the time of the archonship of Euclides." The law, men of the jury, expressly declares to what persons the inheritance shall go not (by heavens !) to Theopompus, nor to Macartatus, the son of Theopompus, who are not at all in the family of Hagnias but to whom then does it give the inheritance 1 to the descendants of Hagnias, who are in his Ibranch of the family. This is what the law says, and this is in accordance with justice. And, men of the jury, while the legislator has given these rights to the relatives, he has not omitted to impose by the law a great number of duties, the performance of which by the relatives is made compulsory. There are a great number of obligations which he lays upon the relatives, and he allows no excuse, but they must of necessity be performed. How- ever, read the law itself. Take the first. THE LAW. " With respect to those heiresses who are in the class of Thetes, if the next of kin does not choose to marry one, let him give her in marriage with a portion, if he be of the class of Pentacosiomedimni, with a portion of five hundred AGAINST MACARTATUS. 17 drachms, if of the class of Knights, with a portion of three hundred, if of the class of Zeugitse, with a hundred and fifty, in addition to what she has of her own. If there be several in the same degree of consanguinity, each of them shall give a marriage gift to the heiress rateably. If the heiresses be more than one, it shall not be necessary for the kindred to give in marriage more than one, but the nearest of kin shall be bound either to give her in marriage or marry her himself. And if the nearest of kin will not marry her, or give her in marriage, let the archon compel him either to marry her him- self or give her in marriage. If the archon neglects to compel him, he shall incur a penalty of a thousand drachms payable to Juno. And any person that chooses may prefer an infor- mation to the archon against any one who disobeys this law." You hear what the law says, men of the jury. When it became necessary to claim the hand of the heiress Phylomache, the mother of this boy, and whose father was the first cousin of Hagnias, I came forward out of respect for the law and preferred my suit, as being the nearest of kin; bat Theo- pompus, the father of Macartatus, never made his appearance or preferred any claim, because he had no manner of title, although he was a person of the same age. How strange you must think it, men of the jury, that Theopompus never made a claim to the hand of the heiress, whose father was first cousin to Hagnias, and yet should demand the estate of Hagnias contrary to the laws ! Could there be persons more impudent and brutal than these 1 JSTow read the other laws. 1 THE LAWS. " Proclamation shall be made to the homicide in the market- place by all the relatives within the degree of cousin and cousinship, and cousins and children of cousins and sons-in- law and fathers-in-law and clansmen shall jointly prosecute. And if there be a question of condonation, if there be a father, or brother, or sons, they shall all join in the condonation, or any one who opposes it shall prevail. And if there be none of these, and the homicide was accidental, and the Fifty- one shall declare that the homicide was accidental, let the clansmen, ten in number, pronounce the condonation, if they think proper ; and let these be chosen by the Fifty-one from the 1 See vol. iii. Appendix 8, pp. 332, 333, Arch. Diet, title *6vos. VOL. V. C 18 THE ORATIONS OF DEMOSTHENES. ^ost distinguished members of the clan. And this statute shall apply to persons who have committed homicide before the passing thereof. And when any persons die in the townships, and no one takes them. up for burial, let the demarch give notice to the relations to take them up and bury them, and to purify the township on the day on which each of them dies. And respecting slaves he shall give notice to the master, and respecting freemen to those who are in possession of their property, and if the deceased has no property, he shall give notice to the relations of the deceased. And if, after the demarch has given notice, the relations shall not remove the body, let the demarch contract to have it removed and in- terred and to have the township purified on the same day, at the least possible expense ; and if he shall not so contract, he shall incur a penalty of a thousand drachms to the public treasury. And whatever money he shall expend, he shall receive the double thereof from the parties liable ; and if he shall not receive it, he shall be bound to repay it himself to the members of the township. And those persons who do not pay the rents, which are owing for lands of the Goddess and the other deities and the heroes, shall be disfranchised, they and their family and their heirs, until such rents are paid." All these duties, which the laws impose upon the relations, they impose upon us, and compel us to perform them, men of the jury. To Macartatus the defendant they do not address a word, nor to Theopompus his father ; for they do not belong at all to the family of Hagnias : how then can the laws impose any obligations on them ? But the defendant, men of the jury, though he has not the shadow of an argument to urge against the laws and the depositions which we produce, talks about hardship, and says he is cruelly treated, because he is trying the cause after his father's death. He does not reflect, men of the jury, that his father was a mortal, and has departed this life with many other persons both younger and older than himself. How- ever, if Theopompus the defendant's father is dead, the laws are not dead, nor is justice dead, nor are the jurors who have to give the verdict. The present contest and issue are not whether one man has died before or after another, but whether it is proper or not that the kinsmen of Hagnias, who are cousins and cousins' children to Hagnias on the father's side, AGAINST MACARTATUS. 19 should be expelled from the family of Hagnias by persons who belong to the family of Stratius, and who have no manner of right to inherit the property of Hagnias, but are in a degree of relationship farther removed. This is the question now at issue. You will see still more clearly, men of the jury, from the law which I am about to cite to you, that your legislator Solon is very careful respecting the members of the family, and not only gives to the relations what is left by the deceased, but also imposes on them all the onerous obligations. Read the law. THE LAW. 1 "They shall lay out the deceased in the house, in what manner they think fit. And they shall carry out the deceased to burial the day after they have laid him out, before the sun rises. And the men shall walk before, when they carry him out, and the women behind. And it shall not be lawful for any woman under sixty years of age, to enter into the chamber of the deceased, or to follow the corpse when it is carried to the tomb, except those who are within the degree of cousin's children ; nor shall it be lawful for any woman to enter into the chamber of the deceased, when the body is carried out, except those who are within the degree of cousin's children." It does not allow any woman besides the relations within the degree of cousinship to enter the room where the deceased lies, and it allows these same women to follow- to the grave. Now Phylomache, the sister of Polemo, the father of Hagnias, was not cousin to Hagnias, but aunt ; for she was sister to Polemo, the father of Hagnias. Eubulides, the son of this woman, was first cousin by the father's side to Hagnias, whose inheritance is in question. And the mother of this boy was the daughter of Eubulides. These female relatives the law commands both to be present at the laying out of the deceased and to follow him to the grave ; but it does not command the mother of Macartatus, nor the wife of Theo- pompus ; for they are no way related to Hagnias, but were of a different tribe, the Acamantian, and of a different town- ship, that of Prospalta, so that they did not even get intelli- gence when Haguias was dead. These men therefore are seek- 1 See the Charicles, Excursus on the Burials. c2 20 THE ORATIONS OF DEMOSTHENES. ing to bring about a most outrageous result namely, that we and the women of our family were obliged to inherit the corpse of Hagnias when he died, and to perform all the last offices, as relations and next of kin ; but that Macartatus is to be held entitled to the estate of the deceased Hagnias, although he is descended from the house of Stratius, and his mother was daughter of Apolexis the Prospaltian, and sister of Macartatus. But this is neither just nor righteous, men of the jury. Now read me the extract from the oracle of Apollo, brought from Delphi that you may see that its language concerning the relations agrees with the laws of Solon : THE ORACLE. "Good fortune unto you. The people of Athens inquire about the sign which has appeared in the heavens, desiring to know what the Athenians should do, or to what God they should offer sacrifice or prayer, in order that the sign may turn to their advantage. It is expedient for the Athenians, with reference to the sign which has appeared in the heavens, that they should sacrifice with happy auspices to Jupiter the supreme, to Minerva the supreme, to Hercules, to Apollo the preserver ; and that they should send to the Amphictyons, to sacrifice for good fortune to Apollo the street-god, to Latona, to Diana ; and that they should make a sweet savour in the streets, and set up the wine-bowl, and perform dances, and wear garlands according to the custom of the country, in honour of all the Olympian Gods and Goddesses, lifting up the right hand and the left, and should not forget to offer gifts according to hereditary custom : and it is meet that ye offer sacrifice and gifts according to the custom of the country to your hero-founder, from whom ye derive your name ; and that honours should be paid to the manes of the departed on the proper day by the relations according to received usage." You hear, men of the jury, that Solon in the laws and the God in the oracle speak the same language, commanding the relations to perform sacred rites to the departed on the proper days. But Theopompus and the defendant Macartatus did not trouble themselves with these matters : all they care for is, to possess what does not belong to them, and to com- plain that, after they have for a long time had possession of AGAINST MAOARTATUS. 21 the estate, they are now trying the title to it. I should have thought, men of the jury, that a person keeping possession of another man's property ought not to complain that he had kept it longer than he was entitled, but to be thankful not to us, but to fortune, that so many inevitable delays had inter- vened, to postpone the trial of the question until now. Such is the disposition of these persons, men of the jury ; and they don ; t care in the least either for the extinction of the house of Hagnias, or for the rest of their lawless conduct. O Jupiter ! ye Gods ! What need to mention other things about them ? It would be too long to mention all. But one thing which they have done is in the highest degree illegal and brutal, and affords the most perfect evidence that they care for nothing but gratifying their covetousness. No sooner had Theopompus obtained judgment for the estate of Hagnias in the manner that you have heard, than he gave proof that in his own opinion he had got what did not belong to him. The most valuable thing upon the grounds of Hagnias, which was most admired by the neighbours and by other people, was the plantation of olives : these they dug up by the roots, more than a thousand trees, which yielded a very large quantity of oil : after rooting them up, they sold them, and got a considerable sum of money. And this they did when -the estate of Hagnias was still subject to dispute, according to the very law by virtue of which they had cited this boy's another. To prove the truth of my statement that these men rooted up the olives from the land which Hagnias left I will call as witnesses before you the neighbours, and some other persons whom we got to attend when we made our protest in the matter. Bead the deposition. THE DEPOSITION. 41 The deponents say, that at the invitation of Sositheus they went with him to Araphen to the land of Hagnias, after Theopompus had had the estate of Hagnias adjudged to him, and that Sositheus showed them the olive trees being rooted up from the land of Hagnias." If this proceeding, men of the jury, were only an outrage upon the deceased, their conduct was shameful, though in a less degree : but, in point of fact, they have committed thereby 22 THE ORATIONS OP DEMOSTHENES. a breach of law and an outrage upon the whole commonwealth. You will see, when you have heard the law. Read the law : THE LAW. " If any man shall dig up an olive tree at Athens, unless for a sacrifice of the Athenian state or of one of the town- ships, or for his own use to the number of two olive trees every year, unless it be necessary to use it for the burial of a deceased person, he shall incur a penalty of a hundred drachms to the public treasury for every such olive tree. And the tenth part of such penalty shall belong to the God- dess. And he shall be liable also to pay to the individual who prosecutes him a hundred drachms for every such olive tree. And the proceedings for any such offence shall be taken before the archons l for those offences over which they have jurisdiction respectively. And the prosecutor shall be bound to pay the court fees appertaining to him. And whensoever any person shall be condemned, the archon, before whom the cause was heard, shall make a return to the collectors of such penalty as accrues to the public treasury, and to the treasurer of the Goddess of such penalty as accrues to the Goddess. And if the archons neglect to make such return, they shall be liable themselves to pay the amount." The law is thus stringent. Reflect in your minds, men of the jury : consider what we must have suffered formerly from these persons and their insolence, when they have treated you, so great a people, and your laws with contempt, and have done what the laws expressly forbid them to do, thus con- temptuously ravaging the land which Hagnias left. The law forbids a man to remove such things even out of his own land inherited from his father. Much they care either about obeying your laws, or preventing the extinction of the family of Hagnias. I am desirous, men of the jury, to say a few words to you now about myself, and to show you that I have made pro- vision, in a very different way from these persons, to prevent the extinction of the family of Hagnias. For I myself too 1 The chief archon would have jurisdiction where the offence was committed upon land of which the inheritance was disputed : the king- archon, where the trees were on consecrated land: the polemarch, when the offender was an alien. From the notes of Eeiske and Pabst. AGAINST MACARTATUS. 23 am of the race of Buselus. The grand-daughter of Habron, son of Buselus, was married to Callistratus, who was the son of Eubulides, and grandson of Buselus ; and they, the grand- daughter of Habron and Callistratus, nephew of Habron, were the parents of my mother. I, men of the jury, having obtained the hand of this boy's mother by legal adjudication, and having had four sons and one daughter born to me, gave my sons the following names : to the eldest I gave my father's name, Sosias ; it was right that I should do so, and accordingly I gave to the eldest the name to which he was entitled : to my second born I gave the name of Eubulides, which belonged to the father of this boy's mother : to the third I gave that of Menestheus ; for Menestheus was a kins- man of my wife : and to the youngest I gave the name of Callistratus, which was that of my mother's father. In addi- tion to this, I did not give my daughter in marriage to a stranger, but to my own brother's son, so that, if they lived and had their health, their children also might be of the kindred of Hagnias. Such were the measures which I adopted, in order that the families descended from Buselus might in the fullest possible way be preserved. Let us inquire further into the conduct of our opponents : and first of all read this law : THE LAW. " Let the archon take charge of orphans and heiresses and families which are in danger of becoming extinct, and of such women as remain in the houses of their deceased husbands under the plea of pregnancy. Let him take charge of these persons, and not suffer any one to do any outrage to them. And if any one shall commit any outrage or illegal act against them, the archon is hereby empowered to impose a fine upon such person within the limit allowed by law. 1 And if it shall seem to him that the person so offending merits a higher punishment, let him cite such person, giving him five days' notice, before the court of Helisea, and let him superscribe the indictment with such penalty as he thinks fit, and let him bring it to be tried before the said court. And if such person shall be convicted, let the court of Heliaea determine what penalty he ought to suffer or to pay." How could any people take more effective measures to i See Meier & Schomann, Att. Proc. p. 34. 24: THE ORATIONS OF DEMOSTHENES. render a family extinct, than by doing what these men do when they strive to expel from the family the nearest relatives of Hagnias, they themselves being of another branch, that of Stratius ? and again, when the defendant claims to possess the estate of Hagnias, as being his relation by blood, and yet the name, which he bears, is not only not derived from the family of Hagnias, but belongs not even to that of Stratius, his ancestor? Why, he has not the name of any of the descendants of Buselus, numerous as they are. Whence then does he get his name of Macartatus? From his mother's relations. For he was adopted into the house of Macartatus of Prospalta, his maternal uncle, and he has the property of that house also. 1 And so outrageous is his conduct, that, when a son was born to him, he forgot to introduce him into the family of Hagnias, so as to make him son to Hagnias, although he was in possession of the estate of Hagnias, and although he claims relationship to Hagnias by male descent. This son, who was born to him, Macartatus has transferred, by the adoption of his maternal kinsman, to the Prospaltians, 2 and has suffered the family of Hagnias to become extinct, as far as the child is concerned j while he pretends that his father Theopompus stood in the proper degree of relationship to Hagnias. The law of Solon declares that males and the issue of males shall have the preference ; and yet the defendant has thus slighted and 'set at nought both Hagnias and the laws of Athens, and has transferred his son by adoption into his maternal family. Could any persons be more lawless and audacious than these ? But this is not all, men of the jury. There is a place of sepulture common to all the descendants of Buselus; it is called the burial-ground of the Buselidse ; a large piece of ground enclosed, according to the ancient usage. In this ground lie all the descendants of Buselus, and, among them, Hagnias and Eubulides and Polemo ; in short, all the rela- tions, of whom there are a great number, whose common ancestor was Buselus ; all of them have their place of burial here. But the father of the defendant Macartatus and his grandfather have had nothing to do with this burial-ground j 1 Pabst renders it differently : " gehb'rt dieser familie an." 2 This explains what is said, ante (p. 9) that Macartatus had no issue who was in the family of Hagnias. AGAINST MACARTATUS. 25 they made a separate tomb for themselves, at a little distance from that of the Buselidse. Do they appear to you, men of the jury, to belong to the family of Hagnias in any way, except this, that they have seized and usurped what does not belong to them 1 Whether the house of Hagnias and that of Eubulides, the first cousin of Hagnias, will become extinct and without a name, has never troubled them in the slightest degree. I for my part, men of the jury, am doing all that lies in my power to vindicate the rights of those deceased relatives ; though it is by no means easy to contend against the intrigues of these persons. I therefore deliver this boy into your hands, men of the jury, that you may protect him in such manner as you deem most just. He has been transferred by adoption into the house of Eubulides, and has been introduced to the clansmen, not to mine, but to those of Eubulides and Hagnias and Macartatus. And, when he was introduced, the rest of the clansmen gave their vote secretly, but Macartatus, the defendant, gave his vote openly, declaring that this boy was rightly introduced as the son of Eubulides ; for he did not choose to lay his hand upon the victim or to remove it from the altar, and so render himself responsible ; nay he received his portion of the flesh from this boy and took it away with him, as the other clansmen did. Consider this boy, men of the jury, as the sacred emblem of supplication, produced on behalf of the deceased Hagnias and Eubulides and the other descendants of Hagnias : consider that they are petitioning you the jurors not to let their house be deso- lated by these odious monsters, who are of the house of Stratius, and never came from that of Hagnias. Do not permit them to keep what is not rightfully theirs, but compel them to restore it to the house of Hagnias for the benefit of his rela- tions. I am thus vindicating the rights of those deceased persons and the laws established on their behalf, and I pray you, men of the jury, I beseech and implore you do not suffer this boy to be maltreated by his opponents do not suffer his ancestors to be insulted still more grossly than ^ev have been already ; as will be the case, if these men accom- plish their objects. Rather give your aid to the laws, and take thought for the dead, that their house may not become desolate. By so acting, you will give that verdict which justice and your oaths and your own interests require. 26 THE ORATIONS OP DEMOSTHENES. THE ORATION AGAINST LEOCHARES. THE ARGUMENT. ARCHIADES of Otryne died without issue, leaving his brother, Midylides, his heir at law. He being out of the country at the time, Leocrates of Eleusis, a sister's grandson, took possession of the estate of Archiades, under the pretence of being his adopted son, but without any legal right (according to the orator's statement,) because the pretended adoption took place after the great-uncle's death. Midy- lides however, on his return to Athens, was persuaded by his friends to waive his legal right in favour of Leocrates ; who continued in quiet possession of the estate, until he thought proper to transfer it to his son Leostratus, entering him in the township and clan of Archiades, so as to constitute him his representative by adoption, while he himself returned to his original family. The same course was pursued at a later period by Leostratus, who retired from the adoptive house, as his father had done, and left his eldest son Leocrates to occupy his place. The second Leocrates having died suddenly without issue, and Aristodemus, grandson of Midylides, having claimed the estate as next of kin, Leostratus endeavours to defeat this claim, by creating a title in his younger son Leochares, and accordingly he takes the necessary formal steps to make him a son by adoption in his deceased brother's room. Such are the leading facts stated on behalf of Aristodemus, the plaintiff, whose cause is pleaded by his son Aristotelea. In answer to the plaintiff's suit a plea is put in by Leochares, supported by his own affidavit, alleging that the estate was not the subject of litigation. This course was allowed by the law of Athens in favour of children, whether by birth or adoption ; and the effect of it was, to delay the trial of the cause until the witness who swore the affidavit was convicted of false testimony, or the plea pronounced to be bad in law. Aristodemus here proceeds against Leochares to get his plea and affidavit quashed, and thus to enable himself to obtain a trial of the cause. The practice in such a proceeding resembled in some measure that on the trial of a Paragraphe. As in the latter the parties did not confine themselves to the questions raised by the special plea itself, so in the action to quash an affidavit of this kind the parties enter upon all the circumstances of the case, and explore their way to a final verdict. It is contended on behalf of Aristodemus that he was entitled to the estate by the Attic law of succession. With respect to property inherited in this way there subsisted a sort of entail, so that, on the death of Leocrates without issue, the title reverted to the heirs of Archiades, from whom it originally came. Aristodemus was not only a nearer relation in degree than his opponents, but was prefer- able as being descended from a brother, while Leostratus was descended from a sister. Supposing even that Leocrates, who had AGAINST LEOCHARES, 27 died seised of the estate, was to be regarded as the first purchaser, so that his heirs, and not those of Archiades, were entitled to succeed, Aristodemus was his nearest relative in point of law, because Leo- crates had been transferred to the family of Archiades, that he might become his legal representative; Leostratus had renounced that family, and Leochares had never entered it ; and, with reference to the present question, their natural relationship to the deceased could not be taken into account. The court (it is argued) were bound to look at the state of things which existed at the death of Leocrates : this could not be altered by any- thing which had taken place ex post facto. Strictly speaking, it was not competent for Leocrates to adopt a son in his lifetime to represent Archiades ; but, at all events, he had not done so, and undoubtedly his father could not nominate one for him after his death, much less after a suit had been commenced by the heir. The adoption had been altogether an afterthought on the part of Leostratus ; for he at first intended to set up a title in himself; finding that this could not be done, he conceived the idea of putting his son's claim forward : but the law did not allow people to manufacture titles in such a way. The series of adoptions which had taken place before were objection- able in point of law, and they had only acquiesced in them because Midylides had been induced to forego his legal rights : now however the thing had come to an end, and the law ought to take its course. The speaker labours to show that the affidavit is false and bad both in form and substance, and takes several technical objections to it. He urges also, that affidavits of this nature, designed to impede and delay the "progress of a suit, and to prevent a case from being tried on its real merits, are proceedings of a vexatious character, and ought not to be favoured by the court. A table of descent is annexed. EUTHYMACHUS. MIDYLIDES. AEOHIPPUS. ARCHIADES. ARCHIDICE. I (whose inheritance (married to Leostratus.) I is contested.) CLITOMAOHE, Daughter. (married toAristoteles.) ARISTODEMUS, LEOCRATES. (the plaintiff.) ARISTOTELES, LEOSTRATUS. (conducts his father's case.) ; I LEOORATES. LEOCHARES, (the defendant.) 28 THE ORATIONS OF DEMOSTHENES. THAT Leochares the defendant is brought to trial, men of the jury, and that I, notwithstanding my youth, am addressing you, is owing to Leochares himself, because he claims to in- herit that which does not belong to him, and has made a false affidavit in support of his claim before the archon. As we were the relatives of Archiades, who originally left the estate, and as the law gives the succession to those who are nearest of kin, it was incumbent on us not to suffer his family to become extinct, and not to allow other persons, who have no manner of title, to inherit his property. The defendant, who is neither the natural born son of the deceased, nor has been adopted according to the laws, as I will show, has reck- lessly made a false affidavit in order to deprive me of the in- heritance. I beseech you, men of the jury, to give redress both to my father and to myself, if we can establish a good case, and not to suffer men who are poor and without influ- ence to be oppressed by an iniquitous cabal. For we have come into court relying upon the truth, and shall be content if we are permitted to obtain our legal rights : our opponents have from first to last put confidence in the intrigues of their supporters, and in the expenditure of money : and I am not surprised at it ; for they have no difficulty in spending the money of other people, and so they have provided a multi- tude of persons both to plead and to give false testimony in their behalf. My father I will keep nothing back from you comes to trial with the evident appearance of being a poor man (as you all know him to be,) and also of being inex- perienced in the conduct of causes : for he has been for a long time a public crier in the Piraeus, and this is a sign not only that he is needy, like many other men, but also that he has no leisure for going to law : for a person carrying on such a business is obliged to spend the whole of the day in the market-place. From this you may reasonably conclude, that, if we did not rely upon a just title, we should never have come into court. With respect to these general matters you will get still ckarer information in the course of my address : I must now explain to you about the exceptive affidavit and the issue which you have to try. If, men of the jury, Leochares was going to establish his case for the defence out of the affidavit itself, and to show that he is the lawfully born son of AGAINST LEOCHARES. 29 Archiades, there would be no necessity for many words, and no need for you to trace our pedigree to its origin. But as this preliminary objection bears a different aspect, and the argument of our opponents will be mainly directed to esta- blish the fact of their adoption and their title, as lawfully born children, to succeed to the property by heritable right, it is necessary, men of the jury, on this account, that I should go a little back to explain the nature of the pedigree : for, when you have been fully instructed on this subject, it is impossible that you can be misled by their statements. The issue which you have to try is a disputed title to an inheritance : the claim on our part is, to inherit by descent ; on theirs, to inherit by adoption. We admit before you that all adoptions ought to be valid, which are rightfully made according to law. Bear in mind these foundations of our respective claims ; and if they can show you that the laws sanction what they have sworn in their affidavit, adjudge the estate to them ; nay, even without such legal title, if their arguments appear to be in accordance with justice and equity, we will withdraw our opposition. But to convince you that we not only rely upon our title as next of kin, but upon every other ground besides, we will first inform you about the pedigree of the person from whom the inheritance comes : for I think that, if you carefully follow this part of the question, you will not fail to understand all the rest. To begin with the common ancestor, men of the jury Euthymachus of Otryne had three sons, Midylides and Archip- pus and Archiades; and a daughter, whose name was Archidice. After the death of their father, the brothers gave Archidice in marriage to Leostratus of Eleusis. Archippus, one of the three brothers, died while in command of a ship at Methymna : Midylides not long afterwards marries Mnesimache, the daughter of Lysippus of Crioa ; and he has a daughter named Clitomache, whom he wished to give in marriage to his own brother, as he was still a bachelor ; but, as Archiades said he did not choose to marry, and therefore allowed the property to remain undivided, and dwelt by himself in Salamis, Midylides after a while gives his daughter in marriage to Aristoteles of Pallene, my grandfather. And to them were born three sons, Aristodemus my father, who is here in court, and Habronichus my uncle, and Midylides, who is now dead. 30 THE ORATIONS OF DEMOSTHENES. Such, men of the jury, is our title to the family estate by proximity of blood. For we were the nearest of kin to Archiades in the male line ; and as we claimed according to this law to inherit this estate, and did not choose to let his family become extinct, we commenced our suit for the in- heritance before the archon. Our opponents, holding the property unjustly, have put in their exceptive affidavit, rely- ing in the main upon an adoption, but pretending also to be entitled by consanguinity. With respect to this adoption, we will show you plainly by and by what its character was : but first we must explain about the relationship, and show that we are nearer of kin than our opponents. One thing is admitted, that males and the issue of males have the best title to inheritances : for the law positively declares, that inheritances shall go to the nearest relations in the male line, when there are no children. We then answer this descrip- tion ; for Archiades is acknowledged to have died without issue, and we are his nearest of kin in the male line. More- over, we are his nearest of kin also in the female line ; for Midylides was brother to Archiades, and the daughter of Midylides was the mother of my father, so that Archiades, for whose inheritance we are now prosecuting our claim, is paternal uncle to my father's mother, having this relationship on the male side, not on the female side. Leostratus, our opponent, is in a degree further removed, and is related to Archiades on the female side ; for the mother of Leocrates, his father, was niece to Archiades and to Midylides, from whom we derive our title to the inheritance. First, men of the jury, to prove to you that I have described the pedigree correctly, I will have the depositions read ; and after that he shall read the law itself, which gives inheritances to the nearest relatives in the male line : for these, I take it, are the principal points upon which the contest turns, and upon which you are sworn to pronounce your verdict. Please to call the witnesses up here, and read the law. [The witnesses. The law.} Such is their pedigree, men of the jury, and such is ours : and it is right therefore, that those who by the evidence alone have proved themselves to be nearest of kin should have the inheritance, not that the desperation of the party AGAINST LEOCHARES. 31 making an affidavit should prevail against your laws. For, if they rely on the adoption, (the character of which I shall ex- plain to you,) yet surely after the death of the adopted child, and when the family had until the commencement of our suit become extinct, it is right that those who are nearest of kin should get the inheritance, and that you should give redress not to those citizens who can command the greatest amount of influence, but to those who suffer wrong. If it had rested with us, after explaining the circumstance of the pedigree and the affidavit, to leave the platform, and there had been no occasion for us to say anything more, the most important part of my address being concluded, I should have hardly thought proper to have troubled you any further. As our opponents however will not rely upon the laws, but will contend that, having got the start of us at an early period and having entered upon the estate, these are proofs of their title to inherit, it is perhaps necessary that I should say something upon this part of the case, and show you how utterly regardless they have been of law and propriety. To begin from the commencement, men of the jury Midy- lides and Archiades give their sister in marriage to Leostratus of Eleusis : in course of time, from a daughter of their sister so given in marriage is born Leocrates, the father of our oppo- nent Leostratus : mark how distantly related he is to Archiades, in respect of whose inheritance he has made his exceptive affidavit. Such being the state of things, Archiades did not marry ; Midylides, his brother and grandfather of my father, did marry. And they had not made any partition of their estate, but each of them having sufficient to live on, Midylides resided in the city of Athens, while Archiades took up his abode in Salamis. Some time afterwards Midylides, my father's grandfather, had occasion to travel out of the country, and during his absence abroad Archiades, being still unmarried, fell ill and died. What is the proof that he was still un- married 1 A water-carrier 1 stands upon the tomb of Archiades. 1 "From this passage," says Becker in the Charicles Transl. p. 484, " we learn that it was the custom to place some figure referring to water-carrying on the tomb of one who had died single, as a symbol of celibacy. That a girl is here intended, we learn from p. 1089, where Demosthenes says, ?) \ovTpocf>6pos, &c. We are elsewhere informed, that the symbol was merely a vessel for carrying water, in fact a black pitcher. Such vessels are to be found on sepulchral pillars. Never- 32 THE ORATIONS OF DEMOSTHENES. At this crisis Leocrates, father of the defendant Leostratus, under the plea of his relationship on the female side, causes himself to be adopted as son to Archiades, and so he entered upon the estate as if he had been adopted by Archiades in his lifetime. When Midylides returned to Athens, he was angry at what had occurred, and was inclined to take pro- ceedings against Leocrates ; however, by the persuasion of his friends, who begged him to let Leocrates remain in the family as the adopted son of Archiades, he allowed the thing to stand. It is not true that he was compelled to do so by an adverse verdict ; he gave his consent, mainly because he was deceived by these persons, and partly also in compliance with the wishes of his friends. After this occurrence Midylides died ; Leocrates inherited and enjoyed for many years the estate of Archiades, as if he had been his adopted son : we, in consequence of the consent of Midylides, made no stir in the matter. Time however went on and now, men of the jury, pray attend carefully to what I am about to tell you. Leocrates, who had thus be- come the sou of Archiades, returned himself to the Eleusinians, to whose community he originally belonged, leaving this Leostratus, a lawfully born son, in the family of Archiades. Even then we did not attempt to disturb the arrangement concerning the inheritance, but acquiesced, as we had done before. But afterwards this Leostratus himself, though he was an adopted son and had been left in the family of Archiades, returns, as his father had done, to the Eleusinians, leaving an adopted son in his place; so that the original adoption was, contrary to the laws, transmitted through three persons. Contrary to the laws it was unquestionably, when a person who had himself been adopted returned to his original family leaving adopted sons in his place. And he has con- tinued to carry on this game down to the present time ; and by such means they imagine they can deprive us of the in- theless this sense of the word is distinctly contradicted by Pollux, viii. 66 : Tc5z/ S dydpcav Xowrpofy6pos rq> ^v^fj.ari e^iffraro ic6gri, ayysiov e^ouera v8pojenigen aber, welche geschehene Aufforderungen und Vorladungen bt, e ugen sollen, wenn sie nur dureh einen Vorfall Augenzeugen derselbt-, geworden sind, auf Wachstafeln das Zeugniss schreiben, damit, wenu man Etwas dazuschreiben oder wegstreichen will, Diess leicht gescheL n koune." 1 These obscure words re differently interpreted by Reiske, whom Pabst follows : " So dass sie weder Jema^ en ausschliessen, noch gesetzliche An- spriiche auf eine Heirath mach n konnten." It would seem that the exertion in the law applies to cases of family adoption, and the orator interprets it (wrongly, I should think,) as applying to the case of creai^ citizens. The ambiguous word voitiffQai favours his misconstructio. 72 THE ORATIONS OF DEMOSTHENES. of his own property by will as he pleases, if he has no male children lawfully born, unless his mind is impaired by lunacy or dotage, or by drugs or disease, or unless he is under the influence of a woman or some illegal motive, or under con- straint or durance." You have heard the law, which does not allow any man to make a will, if he has lawfully born sons. These witnesses say that my father made the will in question, but they cannot show that they were present when he executed it. It is right you should observe also, that it is to those who were not adopted, but lawfully born citizens, that the law gives the right, in case of their being childless, to dispose of their property by will. My father however had been adopted as a citizen by the people, so that even on this account it was not lawful for him to make a will, especially concerning his wffe, of whom he was not even the lawful guardian j and besides that, he had children. Consider again, that, even if a man is childless, he is not competent to dispose of his property, unless he is of sound mind. If he is labouring under the effects of disease or drugs, or under a woman's influence, or in a state of dotage or lunacy, or under any constraint, the laws declare him to be incompetent. See now if the will, which these witnesses say my father made, appears to you to be the act of a reasonable man. Take the base for an example, and nothing else. Is it consistent, think you, with the conduct of a man, who refused permission to Phormio to carry on business in connexion with us, that he should give him his wife in marriage, and suffer him to become partner with himself in paternity 1 Don't be surprised that, while they were arranging everything else in the leai^ very nicely, this one thing escaped their observation. Perhaps they never thought of anything but this, how to rob ^e of my money and to set down my father as debtor to tfc bank ; and then they never dreamt that I should be clev?' enough to examine these things minutely. Look now at the laws, to see frc* 1 whom they require betrothals to be obtained ; that yqf' ma 7 l earn from them also, that the defendant Stephanu/has been a false witness to a fabricated will. Read. THE " The children of that worn? 1 sna ll be deemed legitimate, AGAINST STEPHANUS II. 73 who has been affianced for lawful wedlock either by her father, or by her brother by the father's side, or by her paternal grandfather. In case there be none of these relatives, if a woman be an heiress, her guardian shall take her to wife ; if she be not an heiress, that man shall be her guardian, to whom she chooses to entrust herself." You have heard what persons this law has made guardians of women. That my mother had none of these, my adver- saries themselves have borne witness. For, if there had been any, they would have brought them forward. Or do you think they would have produced false witnesses and a ficti- tious will, and would not have had a brother or a father or a grandfather forthcoming, if it could have been done for money? As none of these relatives appears to have been in existence, it follows of course that my mother was an heiress. See then whom the laws appoint to be the guardians of an heiress. Read the law. THE LAW. " If a son is born of an heiress, two years after he has attained his puberty 1 he shall enter into possession of the estate, and he shall pay alimony to his mother." The law then declares, that the sons, when they have arrived at manhood, shall be their mother's guardians, and shall provide alimony for their mother. It is shown that I was out on a campaign and commanding a ship in your service, when Phormio became my mother's husband. To prove that I was absent in command of a ship, and that my father had been dead some time, when Phormio married, and that I demanded the female slaves of him and required that they should be examined by torture upon this very point, namely, whether what I am now asserting is true, and that I gave him a formal challenge to prove this, I say, please to take the deposition. THE DEPOSITION. " Depose that they were present when Apollodorus challenged Phormio, that is to say, when Apollodorus re- quired Phormio to give up the female slaves to be examined by torture, if Phormio denied that he had seduced his mother 1 When he has attained his eighteenth year, and become an Ephebus. (Becker's Charicles, Translation, page 238.) 74: THE ORATIONS OF DEMOSTHENES. before the time whenrPhormio declared that he had married her under the sanction of Pasion's will. And, on Apollo- dorus giving this challenge, Phormio refused to deliver up the female slaves." In connexion with this read the law, which commands that there shall be an adjudication of all heiresses, whether alien or citizen ; and that in the case of citizens the archon shall have the jurisdiction and superintendence ; in the case of resident aliens, the polemarch ; and it shall not be lawful for any one to obtain an inheritance or an heiress without adjudication by the court. THE LAW. "The archon shall appoint 1 days for the trial of claims to inheritances and heiresses every month in the year, except Scirophorion ; and no person shall obtain an inheritance without an adjudication by the court." He ought therefore, if he wished to proceed regularly, to have commenced his suit for the hand of the heiress, whether he founded his claim on a gift or on consanguinity : (if he claimed her as being of civic birth, his suit should have been to the archon, if as an alien, to the polemarch :) then, if he had any good ground for his claim, he might have convinced the persons who were drawn on the jury, and by their sen- tence and under the authority of the laws have obtained possession of her hand. This is what he ought to have done ; not to have made laws for himself and proceeded according to his pleasure. Now consider the following law, which gives validity to a will made by a father, though he has legitimate sons, if the sons die before they arrive at manhood. THE LAW. " Whatsoever will a father makes during the existence of legitimate sons, such will shall take effect, if the sons die within two years after the age of puberty." As then the sons are alive, the will, which these men say my father left, is invalid, and Stephanus the defendant has borne false witness contrary to all the laws, in saying that the document in question is a copy of Pasion's will. How 1 The magistrate is said K\t)povv SlKijv, as the suitor Aayx J/et *' St/crji'. See Schomann, Att. Proc. p. 610. AGAINST STEPHANUS II. 75 do you know it was, Stephanas'? Where did you see my father make the will 1 You are shown to have been guilty of foul practices with respect to the will, to have given false evidence yourself without scruple, to have stolen the deposi- tions which were evidence of truth, to have imposed upon the jury, to have entered into a conspiracy to defeat justice. And by the laws of Athens an indictment lies for such conduct. Read me the law. THE LAW. " If any man shall enter into a conspiracy, or lend his aid to bribe the court of Helisea or any of the courts of justice at Athens or the Council, by giving or receiving money for a corrupt purpose, or shall form an association for the putting down of the democracy, or being a public advocate shall receive money in any cause either of a public or private nature ; an indictment shall lie for any such act before the Judges." I should be glad to ask you, men of the jury, with refer- ence to all these matters, according to what laws you are sworn to give your judgment whether according to the laws of the commonwealth, or according to the laws which Phormio enacts for himself. I produce before you these laws of the commonwealth, and I prove to you that both these men have transgressed them Phormio, by having wronged me in the beginning, and cheated me of the money which my father left me, and which he leased to Phormio together with the bank and the manufactory Stephanus the defendant, by having given false evidence, and given it con- trary to law. It is right you should consider this also, men of the jury that no one ever makes a copy of a will. People make copies of agreements, that they may know their contents and not violate them; but not of wills. It is on this account that people keep wills by them until their death ; that no one may know how they dispose of their property. How then do you persons know, that what is contained in this document is a copy of Pasion's will ? I beseech and implore you all, men of the jury, to give me redress, and to punish these persons who have so recklessly given false testimony, as well for your own sakes as for mine, and for the sake of justice and the laws. 76 THE ORATIONS OP DEMOSTHENES. THE ORATION AGAINST ETJERGUS AND MNESIBULUS. THE ARGUMENT. THIS was a proceeding against the above-named defendants for having given false testimony upon a trial between the present plaintiff and Theophemus, in which, those parties having come to blows, and cross-actions having been brought, the question was who had com- mitted the first assault, and the present defendants, who were brother and brother-in-law of Theopheraus, deposed that Theo- phemus had tendered a female slave, who saw the affray, to be exa- mined by torture, and the present plaintiff had declined to receive her. The plaintiff now calls witnesses to prove the falsehood of the evidence, and insists upon this among other proofs of its falsehood, that he had challenged Theophemus both in the other action of assault and in the present case to give up the female to the torture, and in both cases the offer had been refused. The greater part of the plaintiff's speech is occupied in detailing the proceedings, out of which the quarrel arose ; which are only so far relevant to the cause before us, as they serve to exhibit the animus of the parties to each other, and to throw light upon their motives and the degree of credit to which they might be entitled. The cir- cumstances however are interesting in themselves, as being connected with the subject of the trierarchy and some points of Athenian law. I cannot do better than introduce them to the reader in the words of JBockh, taken from the fourth book of his Public Economy of Athens : " It happened that in Olymp. 105-4, there was no ship's furniture in the Athenian docks, the old ship's furniture not having been returned by the former trierarchs ; and there were neither sails nor tackling to be bought in the Piraeus in sufficient quantities ; therefore by a decree of Chaeredemus the payment of the money due was required, and the names of the debtors were delivered in by the overseers of the docks to the overseers of the Symmorige, and to the trierarchs whose ships were then about to sail. By the law of Periander it had been ordered, that the overseers of the Symmoriae should receive the names of those who were indebted for the ship's furniture, and appoint ^certain persons to collect the money for the use of the trier- archs. The names of the debtors were engraven upon tablets, and all disputes arising between the parties were brought before the court of justice by the clearing officers, (whose duty it was to despatch AGAINST EUERGUS AND MNESIBULUS. 77 the fleet,) and by the overseers of the docks. Any person who had received ship's furniture was obliged to deliver it up according to the inventory either at Athens, or to his successor who was sent from the Symmoria. At this time any person's property could be confis- cated, if he did not surrender the ship's furniture, or transfer his own by sale to his successor, who probably had power to distrain the pro- perty of the former." Theophemus was one of the trierarchs who had not returned the ship's furniture which he had received from the public scores, and the plaintiff being both a trierarck and overseer of a Symmoria, or navy- board, it became his duty to call upon Theophemus to return this public property or pay the value of it. He did so, and, his dem aid not being complied with, he obtains first the verdict of a jury-court, and afterwards an order of council, authorising him to distrain upon the effects of Theophemus; he then proceeded to his house, and made a fresh demand, showing the order of council ; not getting pay- ment, he attempted to take a distress ; Theophemus resisted, and they came to blows, Theophemus (as the plaintiff asserts) having struck the first blow. The plaintiff carries his complaint to the council, by whose direction he prefers articles of impeachment against Theophemus for having assaulted him in the performance of his duty. I have already commented on this proceeding in volume iii. page 363. The moderate fine of twenty five drachms, imposed by the Council, is said by the plaintiff to have been consented to by him, upon the friends of Theophemus undertaking that he should refer the question of private damage to an arbitrator of the plaintiff s own choosing. The plaintiff then went out with the fleet. Upon his return to Athens, as Theophemus declined to submit to the promised reference, the plaintiff commenced an action against him, which was met by a cross- action brought by Theophemus. Both were sent to an official Arbi- trator; but on the day appointed for the award Theophemus obtained an adjournment by means of an affidavit, and at the same time put in a special plea to the plaintiff's action. The effect of tl is was that the trial of the plaintiff's action was postponed, and that brought by Theophemus came on for trial first, the plaintiff not resorting to any dilatory plea. Theophemus obtained a verdict for 1,100 drachms, chiefly (as the plaintiff declares) by means of the false testimony of Euergus and Mnesibulus, which led the jury to believe that he hud shrunk from the strong test of the truth. The loss of the verdict was attended with the penalty of 183 drachms 2 obols, being the epobelia or sixth part of the damages claimed in the plaintiffs action, and also 30 drachms for the court fees ; making a, total of 1,313 drachms, 2 obols. Indignant at this result, the plaintiff instantly commenced proceedings against the false witnesses; the conviction of whom was indeed necessary to get the verdict in the cross-action set, aside : not being able however to pay the above-mentioned sum to Theophemus 1 y the appointed day, (for it seems that he had again been uotninati d as trierarch, and was called upon to defray certain expenses in that capacity,) he requested Theophemus to give him fuither time. This 78 THE ORATIONS OF DEMOSTHENES. was granted ; but the granting of it was a trick on the part of Theo- phemus ; for a short time afterwards, when the plaintiff had provided the money, and desired Theophemus to come with him and receive payment at the bank, Theophemus, making some excuse, proceeded that very day to the plaintiffs house and farm in the country, and distrained his goods and chattels, committing gross outrages, in which he was assisted by Euergus and others. The following day and costs, afid then demanded restitution of the distress ; which Theo- phemus refused to give unless the plaintiff' released both him and the witnesses from all causes of action which' he had against them. Even after this payment, Euergus went again to the farm and took more goods in execution. Among other outrages that were committed was a violent assault by Theophemus 1 and Euergus upon an old nurse of the plaintiff, who had endeavoured to prevent their taking a goblet, and who six days afterwards died of the ill-usage which she had received. These subsequent transactions are related by the plaintiff, to prove the motive of his opponents, and raise a prejudice against them -in the minds of the jury. The loose and feeble style of this oration, its garrulity and tiresome repetitions, have induced the best critics, as Clinton, Bekker, Bockh, and Schafer, to pronounce it unworthy of Demosthenes, and attribute its authorship to one of his contemporaries. It is chiefly useful as giving information upon Attic usages. With respect to the proceedings upon the cross-actions and the questions arising thereupon, the reader may consult Meier and Schomann, Attic Process, 651, 698 ; and Bockh, Public Economy of Athens, Transl. ii. 81, &c. I ADMIRE the wisdom of the laws, men of the jury, which allow another chance after a trial by the proceeding for false testimony, so that, if any one has deceived the jurors by pro- ducing false witnesses or challenges which never were offered or depositions made contrary to law, he may be none the better for it, but the injured party may impeach the testi- mony in an action, and come into court and show that the witnesses have given false evidence upon the case, and thus at the same time obtain satisfaction from them and hold the party who put them forward liable for subornation. And on this account the penalty is made less to the plaintiff in the event of his not succeeding, in order that injured parties may not by the magnitude of the penalty be deterred from proceeding against witnesses for false testimony, while a heavy punishment is provided for the defendant, in the event of his being convicted and thought by you to have given false evidence. And justly, men of the jury. For it is because you have looked at the witnesses and put confidence in their AGAINST EUERGUS AND MNESIBULUS. 79 testimony, that you pronounce your verdict in accordance with it ; and therefore, to prevent your being deceived, and to protect the suitors against wrong, the legislator made the witnesses responsible. I beseech you to give me a favourable hearing while I relate the facts from the beginning, that you may see by them how grievously I have been wronged, how the jurors were deceived, and what falsehoods these men deposed to. I would much rather, if possible, have kept out of litigation entirely : if I am forced to come into court, it is more agreeable to appear against persons, who are not iinknown to you. In the present case I shall have to give more time to the exposing of these men's character than to proving the falsehood of the deposition. That the evidence which they have deposed to is false, the defendants, as it seems to me, prove by their own conduct, and I have no occasion to pro- duce any other witnesses than themselves : for when they might by their own act and deed have established the truth of their evidence, and thus have got rid of all trouble and avoided the risk of a trial, they declined to do so ; they have not chosen to deliver up the female, whom (according to their evidence) Theophemus was ready and willing, and offered before the arbitrator, Pythodorus of Cedse, to deliver up, but whom in fact I demanded for examination, as the witnesses who were then present testified in court, and as they will testify before you now. And Theophemus has taken no pro- ceedings against them, and does not sue them for false testi- mony, we may presume because their testimony was true. The defendants, indeed, almost admit in their deposition, that I was desirous of receiving the woman for examination, and that Theophemus asked me to postpone it, and that I was unwilling. However, it is of this woman, whom I desired to examine, and whom Theophemus offered to deliver up, as the defendants say, but whom no one ever saw person- ally present, either then before the arbitrator, or afterwards in court, or anywhere else when an offer was made to deliver her up it was of her that these witnesses deposed, that Theophemus was willing to give her up and made an offer to do so ; and the jurors thought that their deposition was true, and that I shrank from the proof which her evidence would have afforded on the question of assault, namely, which party 80 THE ORATIONS OF DEMOSTHENES. struck the first blow ; for that is assault. 1 Is it not clear that these witnesses must have given false evidence, when even now they dare not deliver up the body of the woman, as they said Theophemus offered to do, and as they stated in evidence for him they dare not take a course by which the truth of their testimony would receive actual confirmation, by which they (the witnesses) would get rid of the trial, upon Theophemus giving up the woman, and she would be put to the question respecting the assault, for which I sue Theo- phemus, (for he would only be giving her up now instead of then,) and the test of the truth would be obtained by those very means which Theophemus then lauded in order to de- ceive the jury ? For he said on the trial for the assault, that the witnesses who were present at the transaction, and testified to what had taken place by a deposition in writing according to law, were false witnesses suborned by me, and that the woman who was present would speak the truth, not by deposing to a statement on paper, but by the strongest kind of evidence, given under examination by torture, and would thus show which of the parties struck the first blow. This statement, by which he deceived the jury, (for he made the assertion boldly and called witnesses to prove it,) is now shown to be false : for he dares not deliver up the person of the woman, which the witnesses have said he was willing to deliver up, but he rather chooses that his brother and his brother-in-law shall take their trial on a charge of false testimony, than that he should deliver up the body of the woman, and get out of 1 So in our law, in an action for assault and battery, it is a good plea to plead, " that the plaintiff first assaulted the defendant, who neces- sarily committed the alleged assault in his own defence." This was anciently termed a plea of son assault demesne, i.e. that it was the plaintiff's original assault, an expression very similar to the %>xetf Xeipvv aS'iKcav of the Athenians. In answer to this plea the plaintiff may show, that the defendant used greater violence than was necessary for self-defence; which used to be called in pleading language excess. In issues upon such questions, where a severe injury has been inflicted, it is always incumbent on the defendant to show that it was not wilful on his part; that he intended to act in self-defence. In a case of mayhem, or maiming, Lord Holt laid down the law thus "If A. strikes B., and B. strikes again, and they close immediately, and in the scuffle B. maims A., that is son assault demesne; but, upon a little blow given by A. to B., if B. gives him a blow that maims him, that is not ton assault demesne." AGAINST EUERGUS AND MNESIBULUS. 81 his trouble in a fair and just way, not by talking and petition- ing, and taking the chance of getting off by deceiving you : and this course he persists in, notwithstanding my repeated challenges and demands to have the woman given up ; although I asked at the time to have her for examination, and likewise after the trial, and when I paid them, and as well in my action for assault against Theophemus, as at the hearing before the magistrate in the suit for false testimony : and these men affect ignorance of the whole matter, and, while they give lying testimony about it, refuse in point of fact to deliver the woman up ; for they well knew that, if she were put to the torture, they should be proved to be the injuring and not the injured parties. To prove the truth of these statements, he shall read you the depositions which relate to them. [The depositions.] That I have repeatedly challenged them, and that, not- withstanding my request to have the woman for examination, I could never get her delivered up, has been proved to you by witnesses. I will now give you ample proof by circum- stantial evidence, that their testimony was false. If it were true, as they stated, that Theophemus made the challenge and offered to deliver up the person of the female, surely these men would not have had two witnesses only to the fact, the brother and brother-in-law ; they would have pro- duced many more. For the arbitration took place in the court of Helisea, where the arbitrators for the (Eneid and Erechtheid tribes hold their sittings ; and when such chal- lenges are given, and a party actually brings his slave and offers him for the torture, many people attend to hear the statements that are made ; so that they would have been at no loss for witnesses, if the fact to be deposed to had had a particle of truth in it. They have stated also in the same deposition, men of the jury, that I would not consent to an adjournment, and that Theophemus requested me to do so, in order that he might deliver the woman up to me. That this is untrue, I will show you. If this challenge, of which they have given evidence for him, had been made by me to Theophemus if I had called upon him to deliver the woman up he might VOL. v. G 82 THE ORATIONS OF DEMOSTHENES. naturally have made this reply, and requested me to adjourn the arbitration to the next meeting, in order that he might bring the woman and deliver her up to me. But, as it is, they have deposed, that you, Theophemus, were yourself desirous of giving the woman up to me, and that I was un- willing to receive her. How comes it, I ask, when you were the woman's master, when you intended to give this challenge which your witnesses have deposed to, when you were obliged to have recourse to this person to establish your case, when you had no other witness to prove that I committed the first assault on you how comes it that you did not bring the woman to the arbitrator, and offer then and there to deliver her up to me in person, you having her in your possession and control 1 How comes it that, while you pretend to have given the challenge, no one ever saw the woman, by means of whom you deceived the jury, calling false witnesses and representing that you wished to deliver her up ? However, as the woman was not present at that time, and the boxes were sealed before, did you ever bring the woman afterwards into the market-place or into the court of justice? For, if you did not have her with you on that occasion, surely you ought to have delivered her up afterwards, and had people to witness that you were willing to test the ques- tion by her evidence, in accordance with your challenge, as the challenge had been put in the box together with a depo- sition stating your willingness to deliver the woman up. I ask you then ; when the trial was coming on, did you bring the woman to the court ? If he really gave the challenge which they say he did, he ought, while they were drawing lots for the jurors, to have brought this female, got the crier to attend, and requested me (if I chose) to put her to the tor- ture, and made the jurors, as they came to the bench, his witnesses that he was ready to deliver her up. As it is, he makes deceitful statements, produces false witnesses, but to this hour he has not ventured to deliver the woman up, notwithstanding my repeated challenges and demands, as the witnesses who were present have testified before you. Please to read the depositions again. [The depositions.] I wish, men of the jury, to explain to you how I came to bring an action against Theophemus, that you may see, tha AGAINST EUERGUS AND MNESIBULUS. 83 he not only procured my condemnation unjustly, by deceiving the jury, but at the same time and by the same verdict pro- cured the condemnation of the Council of Five-hundred, and annulled the authority of your tribunals, annulled that of your laws and decrees, and weakened your faith in the magistrates and the inscriptions on the public tablets. 1 I will show you how he has done this, and inform you of every particular. I never before in my life had any transaction of business with Theophemus ; nor did I ever have a merry-making or a love-affair or a drinking-bout with him ; I had not quarrelled with him about any bargain in which he had got the better of me ; I was not under the stimulus of any passion ; there was no motive of this kind to take me to his house. But in obedience to the law, and to the decrees of the Athenian people and Council, I demanded of this man the ship's furniture in his possession which belonged to the state. Why I did so, I will explain to you. It happened, as some triremes were leaving the port, that a military force had to be shipped off in a hurry. There was not furniture for the ships in the docks, as those persons who had received furni- ture from the public stores had not returned it ; and besides this, there was not a sufficient quantity of sailcloth and tow and ropes, the necessary tackle of a trireme, to be purchased in the Piroeus. Accordingly Charidemus frames this decree, in order that the furniture of the ships might be recovered and preserved to the state. Please to read it. {The decree^ This decree having been passed, the authorities assigned by lot the persons who owed ship's furniture to the state, and delivered the list to the overseers of the docks. The overseers of the docks delivered it to the trierarchs who were then going to sail, and to the overseers of the navy-boards. The law of Periander, according to which the navy-boards were constituted, required and compelled us to receive the list of persons who were indebted for ship's furniture. And besides this, there was another decree of the people, which 1 On which were inscribed the names of those persons who were accountable to the state for ship's furniture in their possession. See the Argument. G2 84 THE ORATIONS OF DEMOSTHENES. required that they should distribute these debtors among us proportionally, so that we might get in the furniture from each of them. It so happened that I was a trierarch and overseer of the navy-board, and Demochares of Pseania was in the navy-board and was indebted for ship's furniture to the state in conjunction with this Theophemus, having been joint-trierarch with him. 1 Accordingly, as they were both inscribed on the tablet as indebted for ship's furniture to the state, the authorities, having received the names of both from their predecessors, delivered them to us according to the law and the decrees. I was therefore under the necessity of re- ceiving them, or I would not have done so ; for in former times, though I have frequently served the trierarchal office, I never received any ship's furniture from the docks, but provided it from my own private means, whenever there was occasion, that I might have as little trouble as possible with the state. Then, however, I was compelled to receive these names according to the decrees and the law. 1 Bockh observes upon this subject : " In the case to which the oration against Euergus and Mnesibulus refers, the trierarchs had been already regulated according to the Sym- morise ; the trierarchy, however, of the person for whom the speech was written, which was performed after the establishment of the Sym- moriae, took place in the archonship of Agathocles, Olymp. 105, 3. Yet even at that time two persons were sometimes appointed trier- archs out of the Symmoriae in order to perform their duties in person. In earlier times no trace of Symmoriee exists, but of the syntrierarchy alone. It is therefore highly probable that this year was the first in which the Symmorise came into operation." And he adds in a note concerning this particular passage : " I must in this place explain away a passage from which it might appear that Symmorise were in existence before Olymp. 105, 4. It is the passage on the subject of the Trierarchy in the oration against Euergus and Mnesibulus, p. 1145. It has been already remarked that the syntrierarchy of these two persons must have taken place in Olymp. 105, 2 or 3. Now Demochares was a member of the Symmorise in Olymp. 105, 4, and he may thus appear to have served the former syntrierarchy in the Symmorise, which, if it were true, would give an earlier date to the Symmorise. But what prevents us from supposing that Demochares was syntrierarch before, and did not belong to the Symmoriae until Olymp. 105, 4 ? What renders this the more probable is, that he alone is stated to have been in the Symmoria, while Theophemus is not mentioned as a member of one, and if they had both been members of a Symmoria when they performed that trierarchy, Theo- phemus must have been in the same Symmoria as Demochares ; wherea* the contrary must be inferred from the words of the orator." AGAINST EUERGUS AND MNESIBULUS. 85 To prove the truth of my statements, I will produce in evidence before you first the decree and the law, next the public functionary, who delivered the names to me and brought the case into court, and lastly, the members of the navy-board, in which I was overseer and trierarch. Please to read the evidence. [The law. The decree. The depositions.] That I was absolutely under the necessity of receiving the names of those who were indebted to the state, you hear from the law and the decrees. That I received the names from the authorities, the person who delivered them has testified. Now, men of the jury, it is fair that you should look at this case from the beginning, and consider first, whether I did wrong, who was compelled to get from Theophemus what he owed, or whether Theophemus did wrong, who retained so long in his possession the ship's furniture belonging to the state. If you look at the matter closely, you will find that Theophemus has acted wrong throughout, and that this is not merely a statement of mine, but a point decided by the judgment of the Council and the court. For, when I re- ceived his name from the authorities, I first went to him and demanded the ship's furniture ; he refused to return it. at my request : I afterwards lighted upon him near the Hermes by the small gate, and summoned him before the clearing officers and the overseers of the docks ; for they were the persons who then brought into court disputes concerning ship's furniture. To prove the truth of my statements, I will call before you the witnesses to the summons. [The witnesses] That he was summoned by me, the witnesses have proved. Now, to prove that he was brought into court, please to take the deposition of the clearing officers and the presiding magistrate. [The deposition] The party whom I expected to give me trouble, Demo- chares of Pseania, was disagreeable before he was brought into court, but after his trial and conviction paid up his proportion of the ship's furniture. The person whom I should never have expected to be so far gone in profligacy, 86 THE ORATIONS OF DEMOSTHENES. as to dare to rob the state of her naval stores, has proceeded to this length of harassing litigation. He was present in court when the case was brought on, and never made any opposition, never gave in any name and demanded an inter- pleader, as he should have done if he meant to contend that another party had the ship's furniture, and that he ought not to be called upon to pay : instead of this, he allowed the verdict to be taken against him ; but, after he left the court, he did not pay any the more for that, but thought that for the present he would keep out of the way and remain quiet, until I had sailed with the fleet and some time had elapsed, and that I should be compelled to pay the ship's furniture, which he owed to the state, either here on my return, or to my successor, who should be sent from the navy-board to join the ship. For what answer could I have made to him, when he produced the decrees and the laws, showing that I was required to get in the ship's furniture? After a lapse of time, if I had come back and made a demand upon him, Theophemus would have said that he had paid, and, as proofs that he had paid, would have urged these very circumstances, the occasion, the emergency, and that I was not such a fool, and had never been such a friend to him, as to wait for pay- ment : for what earthly reason, when I was serving the state as trierarch and overseer of the navy-board, and when such a law and such decrees were in force, should I have given him time in the collection? This was the idea of Theophemus, and therefore it was that he did not return the ship's furniture at the time, but kept out of the way, and thought that he should afterwards be able to defraud me ; aud further, he thought that he could have re- course to an oath and perjure himself without difficulty, a trick which he has played others before. For his grasping disposition, in matters where his interests are at stake, is dreadful, as I will show you by actual proof. For Theophemus, while lie owed these naval stores to the state, made a pretence of throwing the charge upon Aphareus, but he never in point of fact gave in his name and demanded an interpleader, well knowing that he should be convicted of falsehood, if he came into court. For Aphareus proved that Theophemus had charged him with the value of the ship's furniture and received the money from him, when he became his successor in tho trierarchy. AGAINST EUERGUS AND MNESIBULUS. 87 Now be says he delivered it up to Demochares, and he has gone to law with the children of Demochares since his death. In the lifetime of Demochares, Theophemus did not give in his name and demand an interpleader, when I was suing him for the ship's furniture : his only idea was, on the pretence of time having elapsed, to rob the state of these stores. To prove the truth of what I say, he shall read the depositions. \_The depositions.] Reflecting in my mind upon these matters, and hearing from people who had come in contact with Theophemus, what sort of a person he was where his interests were con- cerned, and finding that I could not get the ship's furniture from him, I applied to the clearing officers and the Council and the Assembly, stating that Theophemus did not return to me the ship's furniture, for which the court had pro- nounced him to be accountable. And the other trierarchs also applied to the Council, who were not able to get their ships' furniture from the parties liable. And after a long discussion the Council answers us by a decree, which he shall read to you, requiring us to get payment in whatever way we could. [The decree.] After this decree had been passed by the Council, as no one indicted it for illegality, and so it became valid in law, I went to Euergus the defendant, the brother of Theophemus, as I was unable to see Theophemus himself ; and having the decree in my hand, I first demanded the ship's furniture, and requested him to inform Theophemus ; then, after wait- ing a few days, as he did not return the ship's furniture, but only laughed at me, I took witnesses with me and asked him, whether he had divided his estate with his brother, or whether they held it in common. Euergus replied that they had made partition, and that Theophemus lived in a house by himself, while he (Euergus) dwelt with his father. Having then ascertained where Theophemus lived, I got a servant from the Council, and went to his house. Finding him not at home, I desired the woman who answered the door to go and fetch him wherever he might be. This was the woman whom (according to the evidence of the defendants) Theo- 88 THE ORATIONS OF DEMOSTHENES. phemus offered to deliver up, but whom I, notwithstanding my demands, cannot get them to deliver up, to inform you of the truth and prove who committed the first assault. She fetched Theophemus, and, on his arrival, I asked him for the inventory of the ship's furniture, telling him that I was just about to set sail ; and I showed the decree of the Council. Instead of complying with my demand, he began to threaten and abuse me ; so I desired the boy, if he saw any citizens passing by, to call them out of the road, and ask them to witness the conversation for me ; and I again required Theophemus either to go himself with me to the clearing officers and the Council, and, if he disputed his liability, to satisfy the authorities who delivered to us the names of the debtors and compelled us to proceed against them, or to return the ship's furniture ; if he declined, I said I must levy a distress according to the laws and the decrees. As he was not willing to do anything that "was right, I laid my hand upon the female who stood at the door, the same who had gone to fetch him. And Theophemus would not allow me to take her. I then let go the woman, and was proceeding to enter the house, to distrain some of his furniture ; for the door had been opened for Theophemus when he arrived, though he had not yet gone in ; and I had been informed that he was not married. Just as I was going in, Theophemus strikes me on the mouth with his fist, and I, calling on all who were present to bear witness, returned the blow. Now the truth of what I say, that Theophemus com- mitted the first assault, could be established by nothing so well (I take it) as by the evidence of the woman, whom these witnesses have said Theophemus wished to deliver up. Theo- phemus, whose action first came before the jury-court, as I did not put in a special plea or make an affidavit for delay, such proceedings having once damaged me in a former cause Theophemus, I say, deceived the jury by means of this testimony, declaring that the witnesses whom I produced gave false evidence, and that this woman would speak the truth, if she were put to the torture. Their conduct now is shown to be the very reverse of the language which they used on that occasion. For I am unable to get the woman for examination, notwithstanding my repeated demands, as has been proved to you by witnesses. Since, however, they AGAINST EUERGUS AND MNESIBULUS. 89 do not give the woman up, whom they themselves said I was challenged to receive, I will call before you the witnesses, who saw Theophemus strike me the first blow. This is an assault in law, when a man commits the first act of violence, and especially when he strikes one who is levying a public debt pursuant to your law and your decrees. Please to read the decrees and the depositions. [The decrees. The depositions.'] As Theophemus had thus rescued the distress, and laid violent hands upon me, I went to the Council and showed the blows, and told them how I had been treated, and that I had been thus maltreated while collecting the ship's furni- ture for the state. The Council, indignant at the usage which I had received, and seeing the plight I was in, and considering that the insult had been offered not so much to me as to themselves, and to the people who had passed the decree, and to the law which compelled us to collect the ship's furniture, ordered me to prefer an impeachment, and the Presidents to give Theophemus two days' notice of trial upon a charge of misdemeanor for impeding the departure of the fleet, and that the articles should charge that he refused to return the ship's furniture, and had rescued the distress and beaten me who was levying debts and performing duty for the state. I preferred the impeachment against Theo- phemus, and it came on for trial before the Council ; both sides were heard, and, the Councillors having voted secretly by ballot, he was convicted and found guilty in the Council- chamber, and when the Council were about to divide on the question whether they should deliver him over to a jury- court or sentence him to a fine of five hundred drachms, the highest penalty which they were competent to inflict by law, at the urgent entreaty of all these men, who sent I can't tell you how many persons to intercede for them, and gave up that very instant in the Council the inventory of the ship's furniture, and promised to refer the question of the battery to any Athenian that I liked to name, I consented that Theophemus should be sentenced to the mitigated penalty of five and twenty drachms. To prove the truth of these statements, I pray that any of you who were councillors in the archonship of Agathocles 90 THE ORATIONS OP DEMOSTHENES, will tell what you know to those that sit near you ; and I shall call as witnesses before you all the councillors of that year whom I have been able to find. [The depositions.] I, men of the jury, was thus lenient to these persons. The decree, however, commanded not only that those who failed to return any ship's furniture belonging to the state, but that whoever possessed any of their own and declined to sell it, should be liable to have their property confiscated. Such a scarcity of ship's furniture was there at that time in the city. Read me the decree. [The decree.] When I had returned from my voyage, men of the jury, as Theophemus would not refer to any one the matter of the blows which he had given me, I summoned him and com- menced against him an action of assault. He summoned me in a cross-action, and, the causes having been sent to arbitra- tion, when the time came for pronouncing the award, Theo- phemus put in a special plea, and made an affidavit for adjournment. I, feeling confident that I had done no wrong, came to try the cause before you. Theophemus produced this testimony, to which no one else has deposed, but only his brother and brother-in-law, namely, that he was willing to give up the female slave ; and so, pretending to be an honest and straightforward person, deceived the jurors. I now make a fair request to you, that, while you decide about this testimony, whether it is true or false, you will at the same time consider the whole case from the beginning. My opinion is, that proof should be obtained by the very means which Theophemus then appealed to as the fair test, namely, by putting the woman to the torture, and ascertain- ing from her evidence which party struck the first blow; for that constitutes assault. And on this account am I suing the witnesses for false testimony, because they said that Theophemus was willing to give up the woman, when, in fact, he never would give her body up, either before the arbi- trator or afterwards, notwithstanding my repeated demands. They ought therefore to suffer a double punishment, first, because they deceived the jurors by producing the false testi- mony of a brother and a brother-in-law ; secondly, because AGAINST EUERGUS AND MNESIBULUS. 91 they did me an injury while I was zealously discharging an official duty, doing what the state commanded me, and obeying your laws and decrees. To show you that I am not the only person employed in such a duty ; that, while I received this man's name from the authorities, with orders to get from him the ship's furniture which he owed to the state, other trierarchs proceeded against other parties whose names they received read me the depo- sitions relating to these matters. [The depositions.] I wish now, men of the jury, to tell you how they have used me. After judgment had passed against me in the action, in which these witnesses gave the false evidence for which I sue them, when the time for paying the judgment was near expiring, I went to Theophemus and asked him to wait a little while, stating the truth, that, after I had pro- vided the money to pay him with, a trierarchy had been cast upon me, and I had to send off the trireme in great haste, and Alcimachus the general had ordered me to furnish the ship for him : so I was obliged to employ for this purpose the money provided to pay Theophemus. I requested him to extend the day of payment till I had sent off the ship. He answered me readily and quite innocently : " very good " said he " when you have sent off the ship, then provide the money for me." As Theophemus had made me this answer and given further time for payment, and as I mainly relied upon my suit for false testimony and their unwillingness to deliver up the female, and therefore thought it unlikely that they would take any fresh steps in my affair, I despatched the trireme, and not many days afterwards, having provided the money, I went to him and requested him to follow me to the bank and receive the amount of the judgment. To prove the truth of these statements, he shall read you the depositions. [The depositions.] Theophemus, instead of following me to the bank and re- ceiving the judgment, went and took fifty soft-wooled sheep of mine, together with the shepherd and all that belongs to them, and also 'a boy in my service, who was carrying back a brass pitcher, which had been borrowed of a neighbour, of great value. And they were not satisfied with having these 92 THE ORATIONS OP DEMOSTHENES. things ; they broke into the farm (I farm a piece of land close to the race-course, and have dwelt there from a boy) and first they made a rush to seize the slaves, but the slaves escaped and ran off, some one way and some another ; so they came to the dwelling-house, and having knocked open the gate leading to the garden, they entered (I mean the de- fendant, Euergus, the brother of Theophemus, and Mnesibulus, his brother-in-law, to whom I owed no judgment debt, and who had no right to touch anything of mine) they entered, I say, into the apartments of my wife and children, and carried off all the furniture that was left in the house. They were disappointed in getting so little, for they expected to find the stock of household furniture much larger ; but in consequence of the public charges and taxes which I have had to pay, and the liberality which I have exercised towards you, a part of the furniture is in pawn, and a part has been sold. Everything that was left they took and went off with, and besides this, men of the jury my wife happened to be dining with the children in the open court, 1 and with her was an aged woman, who had been my nurse, and whom, for her fidelity and attachment, my father had set free. After re- ceiving her freedom she married and lived with her husband ; but on his death, as she was advanced in years and had no one to maintain her, she came back to me. It was impossible for me to suffer my old nurse, any more than my instructor, 2 to remain in want ; and at the same time I was going out as trierarch, so that my wife too was willing that I should leave such a person with her to assist her in housekeeping. Well ; they were dining, as I say, in the open court, when these persons burst in upon them and began to seize the furniture. The other female domestics, (who were in the attic, 3 which was their part of the house,) hearing the noise, closed the 1 The court of the Gynseconitis. See the description of a Grecian house in the Charicles, Excursus i. to scene iii. 2 So Pabst, according to the reading of Bekker and Schafer : " wo es denn natiiriich Pflicht fur mich war, so wenig meine gewesene Ainme, als meinen Erzieher im Mangel zu verlassen." It is impossible to express in a modern translation the Athenian iraidayuySs, who was a slave, employed to take his master's son to school, carry his books, &c. See the Charicles. Excursus on Education. 3 This was an upper story, which, not covering the whole of the ground floor, was called Trfyyos, a tower. Charicles, Transl. page 266. AGAINST EUERGUS AND MNESIBULUS. 93 door leading to the attic, so that the men did not effect an entrance there ; but they carried away all the furniture from the other part of the house, although my wife warned them not to touch it, and informed them that it was mortgaged to secure her marriage portion : " and you have " said she "the fifty sheep and the boy and the shepherd, whose value exceeds your judgment debt," for one of the neighbours had knocked at the door and brought this intelligence. Besides, she told them that the money was lying at the bank for them ; for she had heard that from me : " and if you will wait " she said " or if one of you will go and fetch my husband, you shall take the money away with you directly ; but leave the furniture, and don't seize anything that belongs to me, especially as you have the full value of your judgment." In spite of my wife's remonstrance, they not only refused to wait, but the nurse having taken a cup that was by her, from which she was drinking, and put it into her bosom, to prevent these men taking it, when she saw them in the house Theophemus and his brother Euergus, who saw what she did, used force to get the cup from her, and handled her so roughly, that her arms and wrists were suffused with blood, from their wrenching and twisting of her hands and pulling her about in taking away the cup, and she had bruises on her neck from their pinching and squeezing, and her breast was black and blue. Such was the extent of their brutality, that, until they had got the cup from her bosom, they never ceased squeezing and beating the old woman. The servants of the neighbours hearing the noise, and seeing my house pillaged, some of them called from their roofs to the people who were passing by, some went into the other road, and seeing Hag- nophilus pass by, requested him to come. Hagnophilus came up ; he had been called by the servant of Anthemion, who is my neighbour ; but he did not go into the house, thinking it was not right in the absence of the master : he stood, how- ever, upon Anthemion's land, and saw the furniture carried away, and Euergus and Theophemus going out of my house. And they not only went off with my furniture, men of the jury ; they were taking away my son also, as if he had been a slave, until Hermogenes, one of my neighbours, met them, and told them that he was my son. To prove my statements, he shall read you the evidence. 94 THE ORATIONS OP DEMOSTHENES. [The deposition.'] When the news was brought to me in Piraeus by the neigh- bours, I went to the farm, but found these men gone : I saw that the household goods had been carried away, and in what a condition the old woman was. Having heard from my wife what had taken place, I went early the next morning to Theophemus in the city : I had witnesses with me, and I desired him first to receive payment of his judgment debt and follow me to the bank ; after that, I called on him to provide medical assistance for the woman whom they had beaten, and I said they might bring what surgeon they pleased. I gave this formal notice to him in the presence of witnesses. Theophemus and Euergus both poured a torrent of abuse upon me : Theophemus followed me with much re- luctance, making all the delays that he could, and saying that he wanted himself to take witnesses with him ; this was an artful pretence to gain time. Meanwhile Euergus, the de- fendant, went straight from the city, in company with some others like himself, to the farm. A few of the household goods, which the day before were in the attic and not outside, as it happened, had of necessity been brought downstairs, after I came home. Euergus, having knocked open the gate which he had broken on the previous day, and which was scarcely at all fastened, seized the remnant of furniture, and went off with it Euergus, I say, a person to whom I owed no judgment, and with whom I never had any transaction whatsoever ! When I paid Theophemus to whom I owed the judgment (I paid him in the presence of several witnesses eleven hundred drachms for the damages, a hundred and eighty-three drachms two obols for costs, and thirty drachms for the court fees ; l there was no penalty that I owed him) I say, when he had received from me at the bank thirteen hundred and thirteen drachms and two obols, the total amount, I demanded from him the sheep and the slaves and the furniture of which he had plundered me. He declared that he would not return them, unless he and his assistants were released from all claims and demands, and unless the witnesses were released from the suit for false testimony. Upon his giving me this answer, I requested the witnesses 1 According to Bockh's emendation, adopted by Pabst and others. AGAINST EDEBQUS AND MNESIBULUS. 05 who were present to take notice of what he said ; I paid him the judgment, however, and did not choose to be in default. As to Euergus, I did not even know that he had gone into my house that day ; but immediately after the judgment had been paid, and while Theophemus still had in his possession the sheep and the slaves and the furniture which I had on the previous day, 1 a stonemason, who was working at the neighbouring monument, brought me tidings that Euergus had levied another execution at my house and gone off with the rest of the furniture ; this person whom I never had anything to do with ! To prove the truth of these statements that they had seized my goods in execution on the previous day, and on the following day got the money from me (but if the money had not been provided, and I had not given them notice, how could they have received payment?) and that they went again into the house on the very day that I paid the money he shall read you the evidence of the depositions. [The depositions.] The notice which I gave him, to bring a surgeon and cure the woman whom they had so beaten, he paid not the slightest regard to, men of the jury ; so 1 myself brought her a surgeon, whom I had employed for many years, who attended her during her illness. I showed him the condition she was in, and brought witnesses. Hearing from the surgeon that the woman was in a hopeless state, I went to these men again with other witnesses, explained the state the woman was in, and required them to find medical aid for her. On the sixth day after they had entered my house, the nurse died. To prove the truth of these statements, he shall read you the depositions. [The depositions.] After her death I went to the Interpreters, 2 to learn what course I ought to take in the matter; and I detailed to them everything which had taken place, the arrival of these men, the attachment of the woman to our family, the cause of my 1 The text is apparently corrupt as also a part of the next para- graph, where I follow the transposition of Reiske. 2 These were three members of the family of the Eumolpidse, whose duty it was to expound the religious and ceremonial laws, interpret omens and oracles, perform expiatory sacrifices, &c. 96 THE ORATIONS OF DEMOSTHENES. having her in my house, and that she had lost her life for not giving up the cup. The Interpreters, having heard my story, asked me whether they should expound the law to me only, or give me advice also. I replied, " Both." " Very well " they said " then we will expound to you what the law is, and advise you what is for your good. The first thing is, to carry a spear in front of the funeral procession, 1 and to make proclamation 2 at the tomb, if there is any one connected with the woman ; and, after that, you must watch the tomb for three days. The advice that we give you is as follows. As you were not present yourself, but only your wife and children, and you have no other witnesses ; we recommend you not to make proclamation against any one by name, but generally against the homicides and guilty parties; and further, not to commence proceedings before the king-archon. For the woman does not come within the law to enable you, as she is no relation, and was not even a servant, according to your account. It is to relations and masters that the law assigns the duty of prosecuting. Should you therefore take the oath in the Palladium, you and your wife and children, and should you imprecate curses upon yourselves and your house, many people will form an unfavourable opinion of you, and, if your adversary be acquitted, you will be thought to have committed perjury, if you convict him, you will incur public odium. Our advice is, that you perform the necessary religious ceremonies for yourself and your house, then bear the misfortune as patiently as you can, and take vengeance, if you like, in some other way." 1 " Those who had died a violent death were interred with peculiar formalities. To symbolize the pursuit of the murderer, which was in- cumbent on the relations, a lance was carried in front of the procession, and stuck upright by the grave, and this was watched for three days." Charicles, Transl. p. 402. 3 This was a proclamation giving notice to the homicide, to keep away from the tomb, and from all public places and sacrifices. It was followed, in case of a prosecution, by another notice, given in the market-place, warning the party accused to appear and answer to the charge. See article 6vos in the Archaeological Dictionary. Pabst understands these words differently, translating "und am Grabe ausrufen : ob irgend ein Anverwandter von der Frau vorhanden sey ? " Auger : " et qu'un des parents annonce au meurtrier, de ne pas approcher au tombeau." AGAINST EUERGUS AND MNESIBULUS. 97 After receiving this opinion from the Interpreters, and after looking at the extract of Draco's laws from the pillar, I took counsel with my friends as to the course of action to be pursued. As they gave me similar advice, I did what I was bound to do on behalf of the house and what the Interpreters had prescribed, and I refrained from taking further proceed- ings which the laws would not justify. For the law, men of the jury, requires, that the relations shall prosecute within the degree of cousin's children inclusive; and in the oath it is declared what relationship the party bears, and, if the deceased be a servant, it directs that the master shall institute criminal proceedings. But the woman had no kind of family connexion with me, except that she had been my nurse ; and she was not a servant either ; for she had been set free by my father, and occupied a separate house, and had a husband. To tell you a false tale, and back it by an oath on the heads of myself and my son and my wife, is a thing which I could never have brought myself to do, even had I been certain that I should convict my opponents : for I do not hate them so much as I love myself. That you may not only hear it from my citing, he shall read you the law itself. [The law.] I imagine, men of the jury, the falsehood of the deposition is apparent to you in many ways : but you can see it most easily from their own conduct. They thought, men of the jury, that I, if they levied a large quantity of my goods, should be glad to release the witnesses from the charge of false testimony, in order to get back the goods. And when I asked Theophemus to allow me further time to pay the judgment, he gladly complied with my request, in order that I might become liable to his execution, and he might carry off as many of my goods as possible. And therefore he gave his assent immediately and with seeming innocence, in order that I might put faith in him and not suspect his design ; for he believed he had no other means of getting the witnesses released from the charge of false testimony, but by entrapping me and catching me in default and levying as large an execu- tion as possible ; for he expected not only what they have taken from me, but a great deal more. And he waited the VOL. v. H 98 THE ORATIONS OF DEMOSTHENES. rest of the time, thinking that I should not speedily provide the money, and intending to levy execution against me just when the trial for false testimony was coming on ; but, when I gave him notice to come and receive the judgment, he went and took my furniture and slaves and sheep, instead of coming and receiving payment. My farm is close to the race-course, so that he had not far to go. Of the truth of what I am telling you here is positive proof he got the amount of the judgment the day after he levied the execution, How could he have got immediate payment of this sum, thirteen hundred and thirteen drachms two obols, if I had not provided it 1 And the goods which he levied he refused to return, and keeps them even now, as if -I were in default. To sho\v that I was not in default, read me the deposition and the law, which declares, that whatever one party agrees to with another, the terms shall be binding : this surely proves, that he could no longer treat me as a defaulter. [The law. The deposition.] That he assented to my request and granted further time to pay the judgment, has been proved to you in evidence. That I was trierarch, has been proved by my colleague, and also that the admiral ship was furnished for Alcimachus. Surely then he could no longer treat me as a defaulter, after giving me time, and more especially when he was paid. But his covetous spirit, where it is a question of gain or loss, is dreadful, men of the jury. And they well knew that, should they deliver up the woman for examination, the falsehood of their charge would be exposed ; on the other hand, if they refused to deliver up a person whom (according to their evidence) Theophemus was willing to deliver up, they should be convicted of false testimony. I beseech you, men of the jury, should any of the former jurors happen to be on the bench, to act on the same principles as you did then. If you believed that the deposition was worthy of credit, and that I shrank from the test which the woman's evidence would have afforded ; now, when they are proved to have given false testimony and refused to deliver up the woman, I ask you to give me redress ; if you were angry with me for going to the house of Theophemus to distrain, I ask you now to be angry with these persons for going to my house. And I, while I AGAINST EUERGUS AND MNESIBULTJS. 99 was acting in obedience to laws and decrees, was careful not to intrude upon the father or the mother of Theophemus, or to take anything belonging to his brother ; I went to the house of Theophemus himself ; and, when I found him not at home, I did not seize anything and go off with it, but desired that he should be fetched, and I took the distress in his presence, not in his absence ; and, when he resisted, I gave it up, and applied to the Council, the proper authorities ; and, after pre- ferring my impeachment and convicting him before the Council, I was content to get a return of the ship's furniture alone, and to leave the question of the battery to a reference, and assent to the mitigated penalty. Thus, as you see, I was lenient to my adversaries : they were so indecent and brutal, that they intruded themselves upon my wife and children, although they had taken the sheep and the slaves, of greater value than their judgment ; and although they had given further time for payment, and I had given them notice to come and receive *the judgment, as has been proved to you in evidence ; and having entered into my house they not only carried away the furniture, but beat and bruised the nurse, an old woman, for the sake of a cup ; and they still keep possession of all these things and will not restore them, although I have paid the judgment debt, thirteen hundred and thirteen drachms two obols. If any one upon the former occasion, in ignorance of the truth, imagined them to be harmless and inoffensive persons, I wish to read you evidence of their character, furnished by witnesses whom they have injured. To tell it you in my speech the water-glass would not permit. I will read it therefore, that when you have considered the whole case, the arguments as well as the evidence, you may give such verdict as right and justice require at your hands. Read the depositions. [The depositions.] 100 THE ORATIONS OF DEMOSTHENES. THE ORATION AGAINST OLYMPIODORUS. THE ARGUMENT. CALLISTRATUS, the plaintiff, seeks to recover from his brother-in-law, Olympiodorus, a moiety of the property left by Conon, a deceased relative. The plaintiff and defendant had agreed to divide the in- heritance equally between them, and to co-operate together in resist- ing all other claims. Olympiodorus, having by the collusive aid of his associate ultimately established his title, and got possession of the whole estate, refuses to share it with Callistratus, under the pretext that he had not performed his part of the engagement ; and Callistratus is compelled to bring an action to enforce his demand. Upon the circumstances of this case I have already commented in the sixth appendix to the fourth volume (page 366). Others, besides me, have expressed astonishment that such an action could be brought, where the plaintiff founds his claim upon a fraudulent conspiracy with the defendant, and confesses that he assisted his accomplice to gain the cause by false statements and false evidence. Wolf is eloquent in his indignation : " miram impudentiam hominis, qui suam improbitatem confiteri non erubescat, et dissolutionemjudicum, si talia scelera ulti non sunt ! " Auger cannot tell what to make of it : " II est bien e*tonnant que Callistrate convienne devant les juges de tout son manege avec Olympiodore ; il fallait que le plaideur et les juges fussent bien peu scrupuleux." Schafer remarks that the Athenians measured fraud by a different standard from people in modern times. That combinations between different claimants were not uncommon at Athens, may be inferred perhaps from what we have read in the case of Macartatus, (ante, p. 5,) and from Isaeus, de Hagnise hereditate, 85, 86, Edit. Bekker. There is a difference however between an agreement to defend a title which is doubtful by legitimate means, and a combination to gain an estate by fraud and falsehood ; and the law of Athens perhaps recognised this dif- ference, though it might be forgotten sometimes by covetous indi- viduals. The plaintiff in this action appears to have had some doubts of its success, if we may judge from his proposals for a compromise both before and at the trial. It may seem strange that Callistratus, who represents himself to have been Conon's nearest relation, should have consented to divide the estate with his brother-in-law, who (according to him) had no title whatsoever. The explanation perhaps is, that, Olympiodorus being unmarried and without children, his niece, the plaintiff's daughter, was likely to inherit his property, and therefore the plaintiff wished to conciliate him. Afterwards Olympiodorus fell under the influence of a woman, whom he took into keeping, and who caused a rupture between him and his relations. AGAINST OLYMPIODORUS. 101 Pabst thinks it odd, that the plaintiff should not have sought to esta- blish his title to Conon's estate as next of kin. The answer to thia is, that in the inheritance suit he sacrificed his individual claim on account of the agreement with Olympiodorus; and in the present action he could only succeed under the agreement, his right as Conon's heir being barred by the former verdict, unless he could convict some of the witnesses of false testimony, which, under the circumstances, he could hardly attempt to do. IT is perhaps necessary, men of the jury, that even persons who have neither practice nor ability in the conduct of causes should come into court, when they suffer wrong from any party, especially from those who are the last persons that ought to have wronged them ; as is my case now. For I have been unwilling, men of the jury, to go to law with Olympiodorus, who is a connexion of mine and to whose sister I am married, but I have been forced into it by the magni- tude of the wrong which he has done me. If I were pro- ceeding, men of the jury, upon a false charge, and without any real ground of complaint, or if I were not willing to refer our dispute to the defendant's friends and my own, or if I had declined any fair and reasonable terms, believe me, I should have been thoroughly ashamed of my own conduct, and had a very mean opinion of myself. In point of fact, however, I am a great loser by the fraud of Olympiodorus ; I have not refused to submit the matters in difference to any referee ; and so far from having been desirous to bring this cause to trial, I swear by the supreme Jupiter, I have done it with exceeding reluctance, and only because the defendant has compelled me. I entreat you therefore, men of the jury, when you have heard us both, and examined the case for yourselves, if possible, to settle our quarrel and dismiss us, and so be the benefactors of us both ; but if you cannot ac- complish this, I ask you to take the only course which is left, to give your verdict in favour of that party who makes out a just case. We shall first read you the evidence, showing that it is the defendant's own fault and not mine, that he is brought into court. Bead the depositions. [The depositions.] That I offered fair and equitable terms to Olympiodorus, has been proved to you, men of the jury, by those who were 102 THE OEATIONS OF DEMOSTHENES. Present. As he does not choose to do anything that is right, am obliged to lay before you the injury which I have suffered at his hands. My statement will be brief. There was a certain Conon of Halse, men of the jury, a connexion of ours. This Conon died after a short illness, leaving no children. He had lived many years, and died at an advanced age. When I found that he was not likely to recover, I sent for the defendant Olympiodorus, that he might be with me, and assist in looking after what was to be done. And Olympiodorus, men of the jury, came and stayed with me and my wife, his sister, and helped us in making all the arrangements. While we were thus employed, Olympiodorus the defendant made an unexpected communication to me, informing me that his mother was related to Conon, the deceased, and that he was entitled to have a share in all the property which Conon left. I, men of the jury, knowing that he told a falsehood and was attempting an impudent fraud, and that there was no person so nearly related to Conon as myself, was at first exceedingly wroth and indignant at the impudence of his assertion ; upon consideration however, I thought that it was hardly the proper time to give way to anger, and I replied to Olympiodorus, that for the present we had to bury the dead and pay him his funeral honours, and, when we had discharged that duty, we would discuss our own affair. The defendant, men of the jury, assented to this, and said I was quite right. When we had performed the last offices to the deceased, and were at leisure, we asked our friends to attend, and quietly discussed the defendant's claim. The various questions that arose between us in this discus- sion I need not annoy you, men of the jury, or trouble myself by relating. The result that we arrived at, however, it is necessary you should hear. We gave mutual judgment upon each other's claims, and arranged, that each of us should take a moiety of what Conon had left, and that all unpleasantness between us should terminate. And I chose, men of the jury, of my own free will, to let Olympiodorus have a share in the inheritance, rather than come into court and risk a trial with a relation, in which I should have to say unpleasant things of my wife's brother and my children's uncle, and hear equally disagreeable things from him. All this passed through rny mind, and induced me to come to terms with him. AGAINST OLYMPIODORUS. 103 After that we drew up articles of agreement upon all points, and swore solemn oaths to one another, engaging that we would fairly and honestly divide all the property left by Conon that we knew of, without either having any advantage over the other, and that we would make joint search and inquiry for all the rest, and take all measures in concert that might from time to time be necessary ; for we suspected, men of the jury, that some other claimants of Conon's property would make their appearance. For example, there was my brother, by the father's and not by the mother's side, who was out of the country ; and if any one else chose to put in a claim, we had no means of preventing it j for the laws declare that whoever chooses may put in his claim. Foreseeing these possible contingencies, we drew up our articles of agreement and bound ourselves by mutual oaths, so that we should neither of us be at liberty to act independently, whether we wished it or not, but should take counsel and act together in everything. And we called to witness this engagement, as well the gods, by whom we swore to observe it, as also our own friends and relations, in .particular, Androclides of Acharnse, with whom we deposited the articles. I wish, men of the jury, to read you the law, according to which we drew up the articles of agreement, and also the de- position of the person who has the articles in his custody. Read the law first. [The law.} Now read the deposition of Androclides. [The deposition} After we had sworn mutual oaths, and the agreement had been deposited with Androclides, I divided the property into two shares, men of the jury. One share consisted of the house in which Conon himself dwelt, and the slaves employed in weaving sackcloth ; the other comprised another house, and the slaves employed in grinding colours. The ready money, which Conon left in the bank of Heraclides, had been nearly all spent upon his interment and funeral rites, and on the building of his tomb. When I had divided the property into these two shares, I gave the defendant Olympiodorus his option to take which of the two shares he pleased, and he 104 THE ORATIONS OP DEMOSTHENES. chose the colour-grinders and one of the houses ; I took the sack-weavers and the other house. This is what each of us had. In the share of Olympiodorus there was a person named Moschion, one of the colour-grinders, whom Conon used to regard as his most faithful servant. This person knew pretty well all the affairs of Conon, and, among other things, he knew where the cash was, which Conon kept in his house : in fact Conon, who was advanced in years, and put trust in this servant Moschion, was not aware that he stole his money. He first stole from his master a sum of a thousand drachms, which was kept separate from the other cash ; afterwards, a sum of seventy miuas. The thefts were not discovered by Conon ; and the slave kept the whole of this money for himself. Shortly after we had divided the property between us, men of the jury, a suspicion arose against this man, and an inkling that something was wrong. In consequence of such suspicion, Olympiodorus and myself resolved to put the man to the torture. And the slave, before he was put to the torture, confessed, men of the jury, that he had stolen a thousand drachms from Conon, and said that he had still by him all that had not been spent ; (about the larger sum he did not say a word at that time ;) and he returns about sixty drachms. And of this sum which the man returned we made a fair and honest division, according to the oaths which we had sworn, and the articles of agree- ment which were deposited with Androclides, I taking one half, and the defendant Olympiodorus the other. Not very long after this, the suspicions which had been excited against the slave in the affair of the money which he returned, induced Olympiodorus to bind and put him to the question again. He did it this time by himself, without asking me to attend, although he had sworn to make all inquiries and do everything in concert with me. And the slave, men of the jury, under the pain of the torture made a further confession, and acknowledged that he had stolen from Conon the seventy minas, and he returns the whole of this sum to Olympiodorus the defendant. I, men of the jury, when I heard of the slave having been questioned, and that he had returned the money, supposed that Olympiodorus would pay me the moiety of this sum, as he had before paid me a moiety of the thousand drachms. And I did not begin AGAINST OLYMPIODORUS. 105 to press him immediately, believing that he would see what was right and arrange things for our common interest, so that each of us should have what he was entitled to by virtue of the oaths and the agreement, by which we were to share equally all that Conon had left. Finding however that he delayed and did nothing, I addressed myself to him, and demanded to have my share of the money. Olympiodorus continued to make some excuse or other and put me off. And just at this time certain other persons preferred claims to the inheritance of Conon, and Callippus, my half-brother by the father's side, returned from, abroad ; and he too pre- ferred his claim to a moiety of the inheritance. This served as a new excuse to Olympiodorus for not paying me the money, as the claimants were numerous, and he said T must wait until the determination of the suit. And I was obliged to consent, and did consent to do so. After that, Olympiodorus the defendant and mysetf con- sulted together, as we had sworn to do, upon the best and safest way of dealing with the adverse claimants. And we resolved, men of the jury, that Olympiodorus the defendant should make claim to the whole of the estate, and that I should claim a moiety, inasmuch as my brother Callippus claimed a moiety only. When all the claims had been heard before the archon, and the cause was about to come on for trial, Olympiodorus and myself were wholly unprepared to try at that moment, on account of the number of claimants who had suddenly appeared against us. In that emergency we put our heads together, to see if it was possible to get an adjournment for the present, so that we might prepare our- selves for the trial at our leisure. And by good luck it hap- pened, that you were persuaded by the orators to send troops into Acarnania, and Olympiodorus the defendant (among others) had to serve in the army, and he went out with the rest. Here, as we thought, was an excellent ground for delay, the defendant being abroad on military service j and when the archon summoned all the claimants into court according to law, I made an affidavit asking for an adjourn- ment on the ground that Olympiodorus the defendant was out on a campaign in the public service. Our adversaries replied to this by a counter-affidavit ; and attacking Olym- piodorus, and having the last word, they got the jury to 106 THE ORATIONS OF DEMOSTHENES. decide, that he was away on account of the trial and not in the service of the public. The jury having so decided, the archon Pythodotus struck out the claim of Olympiodorus according to law ; and this being struck out, it became neces- sary also for me to abandon my claim to a moiety of the estate. Thereupon the archon adjudged the estate of Conon to our adversaries ; for the laws compelled him so to do. They, as soon as they had obtained the adjudication, went straight to the Piraeus to get from us all that either had taken upon the partition. And I, being at home, delivered up to them what I had had; for it was necessary to obey the laws : Olympiodorus being out of the country, they took immediate possession of all his share, except the sum of money which he had separately received from the man, the slave (that is) whom he put to the question; for they had no means of getting hold of this money. Such were the events that occurred while Olympiodorus was abroad, and such was the benefit which I derived from my connexion with him. When the defendant returned to Athens with the rest of the troops, he was indignant, men of the jury, at what had occurred, and thought that he had been very harshly treated. While he was yet full of his indigna- tion, we again put our heads together, Olympiodorus the defendant and I, and deliberated what course we should take to recover the property. The result of our consultation was, that we determined to sue the successful parties, summoning them in the usual way; and under the circumstances it appeared to be the safest course, not to make it a joint suit and risk all upon a single chance, but each to appear inde- pendently, and that Olympiodorus should put in a claim to the whole estate, as he had done before, and conduct his case by himself, whilst I. put in my claim to the moiety, as my brother Callippus claimed the moiety only ; so that, if Olym- piodorus the defendant should win the cause, I might, accord- ing to our oaths and our agreement, get back my share from him, or, if he should lose and the jury give an adverse ver- dict, he might recover his share from me fairly and honestly, as we had promised and sworn to each other. After we had resolved upon this course of action, which both to Olympio- dorus and myself appeared to be the safest and the best, the various parties in possession of Conon's estate were summoned AGAINST OLYMPIODOEUS. 107 according to law. Please to read the law, according to which the summons was given. [The law.] According to this law, men of the jury, the parties were summoned, and we set forth our respective titles on the record 1 in the manner approved by Olympiodorus. And after that- the archon heard our various claims, and prepared the cause for trial, and brought it into court. And Olympio- dorus opened his case first, and said whatever he pleased, and produced such evidence as he thought proper ; and I, men of the jury, sat in silence on the opposite platform. The trial being managed in this way, Olympiodorus got the verdict without difficulty. After getting the verdict however after his having accomplished all our objects in the court after recovering from the former successful parties all that they took from us having all this now in his possession, besides the money which he got from the slave who was put to the torture Olympiodorus will not do anything that is fair and just to me, but keeps the whole property himself, in spite of his oath and agreement with me to share everything equally. The articles of agreement are even now in the custody of Androclides, who has himself given evidence in the cause. I will produce further evidence before you, to prove all the statements which I have made : and first to prove, that the defendant and myself settled our dispute amicably in the beginning, and took equal divisions of all the estate of Conou that we knew of. Please to take this deposition first, and then read the rest. Now please to take the challenge which I gave Olympio- dorus concerning the money which he took from the tortured slave. [TJie challenge.] 1 A different interpretation of the words dj/Teypa^dfj-eOa T^aets is given by Meier and Schb'mann, in the Attic Process, page 756. Pabst follows them in his version : " reichten wir die Nichtigkeitsklage, woclurch wir unsere Anspruche auf die Erbschaft geltend machten, ein." It seems to me that the expression has no reference to the obtaining of a new trial. The proceeding taken by these parties was the com- mencement of a new suit. 108 THE ORATIONS OF DEMOSTHENES. Now read the other deposition, showing that, when our adversaries had obtained an adjudication, they got from us all that we had in our possession, except the sum of money which Olympiodorus received from the tortured slave. [The deposition.] How Olympiodorus and myself originally divided between us the visible estate of Conon, you have heard from my state- ment, men of the jury, and it has been proved to you by the witnesses. You have learned also, that Olympiodorus re- ceived the sum of money from the slave, and that the parties who recovered the estate got all that we had taken and kept it, until the defendant obtained a verdict on the second trial. I must now draw your attention to the reasons which he assigns for not paying me my share and acting fairly by me : pray attend, men of the jury, that you may not be misled pre- sently by the orators, whom he has engaged against me. He never indeed says the same thing, but sometimes one thing and sometimes another, just as it happens ; he goes about making absurd excuses and frivolous insinuations and false charges ; and there is nothing honest about him in the whole business. Many have heard him say, that he never received the money from the slave at all ; but again, when the receipt of the money is brought home to him, he declares that he got it from his own servant, and I shall have no share either of this or anything else that Conon left. When any of our common friends ask him, why he refuses to pay me, after having sworn to share everything equally, and when the articles of agreement are still subsisting, he says that I have broken the agreement and used him shamefully, and he says that I have all along been speaking and acting in opposition to him. Such are the excuses which Olympiodorus sets up. He has nothing to appeal to, men of the jury, but grounds of suspicion invented by himself, false pretences and wicked contrivances, got up expressly to cheat me out of a just demand. I, on the contrary, when I accuse Olympio- dorus of falsehood, shall have more than suspicion to confirm the charge ; I shall exhibit in strong light the shamelessness of his conduct, as well by the facts which I shall lay before you, the truth of which is notorious, as by the direct testimony which I shall offer upon every point. AGAINST OLYMPIODORUS. 109 In the first place, men of the jury, I say Olympiodorus declined a reference to our common friends and relations, who knew all about the circumstances of the case, and had watched their progress from the beginning ; and he declined for this reason, because he knew perfectly well that, if he told any untruth, they would instantly see through it and expose him ; whereas now he possibly thinks he may tell lies without your finding him out. Again I say it is not consistent, Olympiodorus, with my acting in opposition to you, that I should join you in defraying necessary expenses from time to time, or that I should have voluntarily abandoned my claim at the time of your being abroad, when your claim was struck out because it was thought that you were away on account of the trial and not on the public service. I might have prose- cuted my own claim to a moiety of the inheritance ; (for no human being disputed my title, but all the adverse claimants allowed it ;) only, had I so acted, I should have committed downright perjury, as I had sworn and agreed with you to take all measures in concert, and do whatever upon consulta- tion was thought to be advisable. Hence it appears that the pretexts and excuses which you allege for refusing to do me justice are altogether absurd and frivolous. But let me ask another question Do you suppose I should have permitted you, Olympiodorus, upon the last trial for the inheritance, either to make the reckless assertions which you made to the jury, or to give such evidence as you did upon the points on which you called witnesses, unless I had been acting in com- bination with you ? Why, the defendant, men of the jury, said anything that he liked in the court, and (among other things) told the jurors that I had rented of him the house which I received as part of my share on the division, and that I had borrowed of him the sum of money which I received, the moiety (that is) of the thousand drachms obtained from the servant. And he not only told this story, but produced evidence in support of it : and I said nothing in contra- diction ; not a word, not a syllable was heard from my lips, while the defendant was conducting his case ; I admitted the truth of all that he chose to assert ; I was bound to do so, for I was co-operating with you, Olympiodorus, according to our arrangement. If what I am saying is untrue, why did I not take proceedings against the witnesses who gave that 110 THE ORATIONS OF DEMOSTHENES. evidence ? Why, instead of that, did I remain perfectly quiet ? Or why did you, Olympiodorus, never bring an action against me for the rent of the house which you had let to me, and which was your own, as you said, or for the money which you told the jurors you had lent me 1 You did neither the one nor the other. How could any mortal then he convicted more clearly than you have been of falsehood, of inconsistency, and of calumny ? But now for the strongest proof of all, to convince you, men of the jury, of his covetousness and dishonesty. If there is a word of truth in what he now asserts, he should have declared and pointed it out before he went to trial and before he made experiment how the jury would decide. He should have taken several witnesses with him and insisted on withdrawing the articles of agreement out of the custody of Androclides, on the ground that I was violating their terms and acting in opposition to him, and that the articles were no longer in force between us, and he should have protested to Androclides, the depositary, that he had no longer anything to do with those articles of agreement. This is what he should have done, men of the jury, if there was any truth in his assertions ; he should have gone to Androclides and made this protest at all events, whether he went by himself or with witnesses ; but he should rather have gone with a number of witnesses, so that a number of persons might have been privy to the fact. To show you that he did nothing of the kind, you shall hear the deposition of Androclides himself, with whom the articles of agreement are deposited. Head the deposition. [The deposition."] Consider another thing which he has done, men of the jury. I gave him a challenge and requested him to come with me to Androclides, with whom the articles of agreement are deposited, and to make a joint copy of the agreement and then seal it up again, and put the copy into the evidence box, that there might be no suspicion of any foul play, and ' that you might hear the plain and simple truth and so arrive at a just decision. Upon my giving him this challenge, he refused to do anything of the kind ; this is his cunning policy, to prevent your having the agreement read from an AGAINST OLYMPIODORUS. Ill admitted copy. To prove that I gave this challenge to the defendant, he shall read you a deposition by the persons in whose presence I gave it. Read the deposition. [The deposition.] Could any exposure be more complete than this of Olym- piodorus, proved as it is, that he declines to act fairly by me in any way, that he endeavours to defraud me of my rights by means of excuses and calumnies, and that he did not wish you to hear the agreement which he says I have broken 1 How differently I have acted I challenged him then before the witnesses who were present, and I challenge him again now before you the jurors, and I call upon him to consent and I myself consent, to have the articles of agreement opened here before the court, and let you hear them, and have them sealed up again in your presence. Here is Andro- clides in court ; I gave him notice to attend with the articles of agreement. And I consent, men of the jury, that they shall be opened during the defendant's speech, either his first or his second ; it makes no difference. I am desirous that you should hear the agreement and the oaths, which we swore to each other, Olympiodorus the defendant and I. If he consents then, let it be so, and you will hear the articles when he thinks proper : if he declines this course, will it not then be plain, men of the jury, that he is the most im- pudent of mankind, and that you ought not to give the slightest credit to a word that he utters ? But why am I thus earnest in argument 1 The defendant knows as well as I do, that he has sinned against me, that he has sinned against the gods, who witnessed the oath which he violates. But his mind is disordered, men of the jury; he has not his senses about him. What I am about to tell you, men of the jury, fills me with shame and grief ; yet I am compelled to mention it, in order that you, with whom the verdict rests, may have all the circumstances before you when you come to consider what is the best way of dealing with this case. For what I am about to tell you the defend- ant has only himself to thank, as he has not chosen to settle our differences among relations, but resolved rather to brazen it out. You must know then, men of the jury, that Olympiodorus 112 THE ORATIONS OF DEMOSTHENES. the defendant has never married a woman of Athenian birth according to your laws, and he has no children nor ever had any ; but he keeps a mistress, whom he redeemed from servi- tude, and she it is who brings shame upon us all, and goads the defendant into acts of madness. For what else is it but madness, when he refuses to perform any part of his agree- ment, which was entered into with our mutual consent and confirmed by oath, and when I am striving not for my own private advantage only, but for her, to whom I am married, his sister both by the father's and the mother's side, and for his niece, my daughter ? For they are wronged no less than I am, indeed far more. Are they not wronged ? are they not shamefully treated 1 when they see the defendant's mistress arraying herself, without regard to decency, in jewels and fine clothes, making a splendid appearance in public, and exhibiting her vanities at our expense, while they themselves are too poor to procure such things 1 l Am I not correct in saying that their wrong is greater than mine ? And is not Olympiodorus evidently mad and insane, to behave himself as he does 1 That he may not say, men of the jury, that I am making calumnious imputations for the sake of this cause, you shall hear the evidence of our common friends. [The deposition.] Such is the character which Olympiodorus bears. He is not only dishonest, but in the opinion of all his friends and acquaintances, judging from his course of life, he is touched with insanity. To use the language of our legislator Solon, he is deranged, (as never man was deranged before,) from being under the influence of a prostitute. The law of Solon declares, that all acts shall be null and void, which are done by any one under the influence of a woman; much more such a woman as that. Wisely has the legislator provided. And I now entreat you and not I only, but also my wife, the sister of this Olympiodorus, and my daughter, the niece of this Olympiodorus (imagine to yourselves, that they, as well as I, are now standing before you) we all beseech and 1 "Hinc illae lachrymae. Quis enim dubitet, matrem familias, cum marito quotidie expostulantem de concubinse illius cultu vestituque, quern ipsa sequare non posset, magnas hac in lite partes habuisse ? " Schafer. AGAINST TIMOTHEUS. 113 implore you, men of the jury, if possible, to prevail on Olympiodorus the defendant not to do us wrong ; but, if you cannot prevail upon him, then we ask you to bear in mind the facts which have been laid before you, and give such verdict as you consider most just and righteous. If you act in this way, you will not only arrive at a just decision, but at one which is for the benefit of us all, and especially of Olympiodorus himself. THE ORATION AGAINST TIMOTHEUS. THE ARGUMENT. THIS was an action of debt, brought by Apollodorus, son of Pasion the banker, against the celebrated general Timotheus. The plaintiff claims divers sums of money, amounting in the whole to 44 minas 38 drachms 2 obols, which he alleges to have been lent or paid for the defendant's use by Pasion at different times. On the death of Pasion, the right of action devolved upon his son, who commenced this suit about the year B.C. 359, fourteen or fifteen years after the first contraction of the debt. The claim is composed of the following items : 1,351 drachms 2 obola for money borrowed by Timotheus in the year B.C. 374, when he was appointed to command the Athenian fleet against the Spartans 10 minas borrowed B.C. 373, to discharge a loan which he had contracted in Calauria in order to pay the Boeotian crews one mina borrowed at the close of that year, when he had to entertain Jason and Alcetas, who came to Athens to intercede for him upon his trial ; and also 337 drachms, the price of two silver plates which he had borrowed on the same occasion 1,750 drachms paid by Pasion B.C. 372 at the . defendant's request for the freight of some timber which his agent brought from Macedonia, and which had been given him by king Amyntas. These various debts were contracted by Timotheus under the pressure of his political necessities, and it will be convenient, if I briefly men- tion the historical events which are referred to in connexion with this case. In the year B.C. 375 Timotheus was sent with a fleet of sixty galleys to cruise round Peloponnesus, at the request of the Thebans, who were then in alliance with Athens, and who were anxious to prevent the Spai-tans from invading Bceotia. He defeated the Spartan fleet, re- annexed Corcyra to his country, and formed an alliance with the Cephallenians, the Acarnanians, and Alcetas, king ofrEpirus. At the same time he was much embarrassed in his operations for want of the sinews of war, which were but scantily supplied by the Athenian treasury. A peace was then concluded between Athens and Sparta, but the war was soon afterwards renewed, B.C. 374, Timotheus having VOL, V. I 114 THE ORATIONS OF DEMOSTHENES. stopped on his way home at Zacynthua and restored some exiles of the democratic party. He was then again despatched with a fleet to act against Mnasippus in Corcyra, but for want of supplies was com- pelled to cruise about in the ./Egean, to raise both men and money. It was at this period, B.C. 373, that he formed an intimacy with Amyntas, king of Macedonia, who promised to supply him with timber for a house that he was building in Piraeus. In consequence of these delays he was deposed from his command, and recalled to take his trial on charges preferred against him by Iphicrates and Callii- tratus. His friends, Jason of Pherse and Alcetas of Epirus, came to Athens to exert their influence with the people on his behalf : and he was acquitted, though deprived of his office of general. At the close of the year he entered the service of Artaxerxes, and went to take the command against Nectanabis in Egypt. Before he left Athens on this expedition, he requested Pasion to pay for the freight of timber which he expected from Macedonia, and which arrived the following year, B.C. 372. Between that time and the commencement of the plaintiff's action, Timotheus returned into favour with his countrymen, and com- manded their forces with great success; the most signal of his achievements being the reduction of Samos, the capture of Sestos and Crithote, and the conquest of the Chalcidian towns. He became reconciled to his rival Iphicrates, and in the year B.C. 360 gave his daughter in marriage to Menestheus, the son of that general. B.C. 358 he made the famous speech, exhorting the Athenians to drive the Thebans out of Eubcea. B.C. 356 he commanded in the Social War with Iphicrates and Menestheus ; and the following year he was brought to trial for his misconduct in the war, and sentenced to a fine of a hundred talents ; which being unable to pay, he went into exile and died at Chalcis. The high character borne by Timotheus, to which Demosthenes himself has amply testified in his public orations, has caused it to be doubted whether he was the author of the present speech, in which Apollo- dorus charges his adversary with dishonesty in seeking to escape from the payment of a just debt, and also with gross ingratitude to Pasion, who had lent him money in the times of his distress. Plutarch indeed ascribes the authorship to Demosthenes, and there is an obvious distinction between what the orator asserts when speak- ing in his own person, and what he might have written anonymously for his client. The authenticity of the speech has however been dis- puted on other grounds ; viz. the poverty of the style, the multitude of useless repetitions, and the circumstance that Pasicles is produced as a witness, who could hardly have been born at the time of the transactions which he is called to speak to. Harpocration first suggested a doubt upon the subject ; Bockh, Bekker, and Schafer have not hesitated to pronounce the speech to be spurious. Pabst inclines to the same opinion. On the other hand, Eeiske, Clinton, and A. G. Becker believe it to be genuine. DON'T let any of you think it strange, men of the jury, that Timotheus should have owed this money to my father, AGAINST TIMOTHEUS. 115 for which the present action is brought against him. When I have called to your mind the occasion upon which the loan was contracted, and the events which occurred at that time, and the great difficulties in which the defendant was involved, you will be of opinion that my father acted most generously to him, and that Timotheus, for what he has done, is the most dishonest as well as the most ungrateful of men. For, after having obtained all that he asked from my father, and re- ceived money from the bank, at a time when he was in the greatest distress, and when his life was in danger, he has not only made us no requital, but seeks even to defraud me of the money which he borrowed. If things had gone wrong with the defendant, my father's money was lost j for he lent it without taking security, and without witnesses : if he got off, it rested with himself to choose his time of payment when he had the means. However, men of the jury, my father thought less of his own pecuniary advantage, than of helping Timotheus in his distress, and doing him the service which he asked. My father certainly believed, men of the jury, that, if Timotheus got safe out of his troubles and returned from the Persian king's service to Athens, when Timotheus was in better circumstances, he should not only get his money back, but that he would have influence enough with Timotheus to obtain any favour that he might ask. Since however it has not turned out as my father expected since the loan which Timotheus asked of my father, and which was so kindly advanced to him from the bank, he resolves, now that my father is dead, not to pay without legal and hostile proceed- ings and strict proof of his liability, but rather, if by an artful speech he can persuade you that he is not liable, to cheat me out of the money I deem it necessary to explain all the circumstances to you from the beginning, the several loans which were contracted, their respective purposes, and the date of each. Don't be surprised that I should have accurate information upon the subject : for it is the custom with bankers, to make memoranda of the sums which they advance, and the purposes for which they are wanted, and of the sums which their customers deposit, so that, by knowing what has been received and what deposited, they may be able to balance their accounts. In the archonship of Socratidas, in the month of Muny- i2 116 THE ORATIONS OF DEMOSTHENES. chion, -when Timotheus the defendant was about to sail on his second l expedition, and shortly before he embarked in the Piraus, being in -want of money, he came up to my father in the harbour, and requested a loan of thirteen hundred and fifty-one drachms two obols ; that was the exact sum he said he wanted ; and he requested my father to give it to Anti- machus his treasurer, who managed everything for him at that time. It was Timotheus who borrowed the money from my father, and requested him to give it to Antimachus his treasurer ; but the person who received the money from Phorario at the bank was Autonomus, who acted during all that period as secretary to Autimachus. Accordingly, when this money, the thirteen hundred and fifty-one drachms two obols, was paid out of the bank, my father debited Timotheus with it, who asked him to lend it ; but took a memorandum of the person to whom Timotheus ordered the money to be paid, namely Antimachus, and also of the person whom Antimachus sent with his servant to the bank to receive the cash, namely Autonomus. This was the first debt which Timotheus contracted, for money borrowed on the eve of his second expedition as general. The next was after you had deposed him from his command for not sailing round Peloponnesus. He had been brought for trial before the popular assembly upon a charge of a most serious nature; his prosecutors were Callistratus and Iphi- crates, men of influence both as orators and politicians, and they produced such an effect on your minds, both they and their supporters, by their accusation of the defendant, that you condemned and put to death his treasurer and confi- dential agent, Antimachus,. and also confiscated his property; Timotheus himself, at the intercession of all his friends and connexions, and on the petition also of Alcetas and Jason, your allies, you were induced reluctantly to pardon, though you removed him from his office of general. Such a charge was hanging over him, and he was in great distress for money ; for all his property was in mortgage ; tablets were fixed on it, and other persons had the dominion; his land in the plain was made over as security to the son of Eumelidas, and 1 "Respicit hoc ad priorem ejus fKirAow, qui incidit in annum Olymp. 101, 1, quo Timotheus Lacedsemonios ad Leucada praelio navali vicit." Eeiske. AGAINST TIMOTHEUS. 117 the rest of his estate was mortgaged to the sixty trierarchs who went out with him for seven minas each, which he as commander had forced them to distribute among their re- spective crews for maintenance : after he was deposed, he stated in the account which he rendered that he had himself paid those seven minas for the ships out of the military fund, and so, fearing that the trierarchs would give evidence against him and he should be convicted of falsehood, he pri- vately borrows the seven minas from each of them and gives them a mortgage on his estate, though now of that very money he seeks to deprive them, and has removed the tablets. He was in every way embarrassed, and his life was in the utmost peril on account of the misfortunes which had fallen upon the country, the army being in a state of dissolution in Calauria for want of pay, and the allies round Peloponnesus being blockaded by the Lacedaemonians : Iphicrates and Cal- listratus accused him as being the author of the calamity ; those who came from the army also were reporting to the assembly its destitute and wretched condition, and indivi- duals received intelligence of the state of things by letters from their friends and relations. Call to mind, every one of you, what your feelings were towards him at the time, when you heard these news in the assembly ; for what I am now telling you must be in your remembrance. The defendant, while he was yet in Calauria, and was on the eve of returning home to take his trial, borrows from Antiphanes of Lampra, whom Philip the shipowner took out with him as treasurer, a sum of a thousand drachms, to distribute among the Boeotian trierarchs, in order that they might stay there till after his trial, and for fear, if the Boeotian fleet should be broken up and the troops disbanded before the trial, your irritation against him might be increased. For, although our country- men endured their privations and remained with the arma- ment, the Boeotians said they would not stay unless their daily rations were provided. The defendant, in this emer- gency, borrows the thousand drachms from Antiphanes, who was then out with Philip the shipowner as his treasurer, and he gives that sum to the Boeotian admiral. Upon his arrival at Athens, Philip and Antiphanes both asked him to pay the thousand drachms which he had borrowed in Calauria, and were angry at not getting speedy payment. Timotheus, fearing 118 THE ORATIONS OF DEMOSTHENES. his enemies might be informed, that the thousand drachms, which he in his account stated he had paid for the Boeotian fleet out of the military fu-nd, had been lent by Philip, and that Philip could not get them back, and fearing that Philip would appear as a witness against him on his trial, came to my father and requested him to discharge Philip, to lend him (that is) the thousand drachms to pay Philip. My father then, seeing the extreme peril and distress of the defendant, and having compassion on him, took Philip to the bank, and desired Phormio, who was then the cashier, to pay him a thousand drachms, and to debit Timotheus with the amount. To prove the truth of these statements, I will produce Phormio, who paid over the money, as a witness; but just let me explain to you about the other loan, that by the same deposition you may learn the whole amount of the debt, and so convince yourselves thnt I am speaking the truth. I will also call Antiphanes before you, who lent this sum of a thousand drachms to the defendant in Calauria, and who was present when Philip received payment of the money from my father here. He prevented me by a trick from putting a deposition in the box before the arbitrator; for he kept saying that he would give evidence for me by the day of giving the award ; and when the day arrived, although he was summoned from his house, (for he was not to be seen,) he failed to attend as a witness at the instigation of the defendant. Upon my depositing the drachm for default of attendance as a witness, 1 the arbitrator did not find an award against the defendant, but found in his favour, and left when it was late in the day. And now I have commenced a private action for damage against Antiphanes, because he neither gave evidence nor took an oath of disclaimer according to law. And I require him to get up and say before you on his oath, first, whether he lent Timotheus a thousand drachms in Calauria ; secondly, whether Philip received payment of that money here from my father. Timotheus himself indeed almost confessed before the arbitrator, that my father paid Philip the thousand drachms ; only he says that my father did not lend the money to him (the defendant), but to the 1 " Wahrscheinlich wurde diese drachme fur die Eintragung der Beschwerde gegen den Zeugen entrichtet. Vergl. Plainer, 222." Pabst's note. AGAIXST TIMOTHEUS. 119 Boeotian admiral, and he says that the Boeotian pledged some copper for that money. That this statement is untrue that Timotheus himself borrowed the money and was endeavour- ing to avoid payment I will show you, when I have gone through the particulars of his other debts. Alcetas and Jason came in the month of MsQinacterion, in the archonship of Asteius, to visit the defendant and give him their support upon his trial ; it was evening-time when they arrived at his house in Piraeus in the Hippodamea, 1 and he, not having the means to entertain them properly, sent JEschrion, his lackey, to my father, to beg the loan of some bed-covers and cloaks and two silver cups, and to borrow a mina in silver. My father, hearing from ^Eschrion what persons had arrived, and the urgent occasion for which he asked the favour, and the objects for which they had come, lent him the articles which were required, and also the money which he asked to borrow. After the acquittal of the de- fendant upon the criminal charge, he was for some time in great want of money both for his private expenses and for the public taxes which he had to pay; and in consequence of this my father did not venture to ask for payment very early; for, while he never imagined that Timotheus would neglect to reimburse him when he had the means, he thought it would be impossible to recover the debt from him while he was without means. After the departure of Alcetas and Jason, the defendant's servant, ^Eschrion, brought back again the bed- covers and the cloaks, but did not bring back the two plates, which he had begged the loan of at the same time when he borrowed the bed-covers and the mina in silver, upon the arrival of Alcetas and Jason at the defendant's house. When Timotheus was about to quit the country and go into the service of the Persian king, (having obtained leave to go out as the king's general to conduct the ^Egyptian war, in order that he might not at his audit here be called to an account for his military administration,) he sent for my father to the Paralium, 2 thanked him for former favours, 1 The market-place in Pirseus, so called from the architect Hippo- damus, who laid out the Pirseus into streets, and converted it into a handsome town. 2 Pabst "den Paralischen Platz." According to Harpocration there was an Athenian hero, Paralus. 120 THE ORATIONS OF DEMOSTHENES. and introducing to him Philondas, a Megarian by birth, who resided at Athens, and who at that time enjoyed the con- fidence of the defendant and was engaged in his service, he requested my father, when Philondas (whom he then intro- duced) should return from Macedonia with some timber given to the defendant by Amyntas, to supply him with the freight for the timber, and let him carry the timber up to his (the defendant's) house in Piraeus, as the timber belonged to him (the defendant). And at the time that he made this request, he used language with which his present acts are not very consistent : for he said, even if he should not obtain what he asked of my father, he should not be angry with him as another person so refused might be, but he should requite him on the first opportunity for the services which he had already done him at his request. My father, on hearing this, was pleased at his words, commended him for his grateful feelings, and promised to do what he asked. After that the defendant set sail and went to join the Persian king's commanders ; and Philondas, whom he had introduced to my father, and to whom he had requested him to give the freight upon his arrival with the timber, set out on his journey to Macedonia. The date of this transaction was about the month of Thargelion, in the archonship of Asteius. In the following year Philondas arrived at Athens with the timber from Macedonia, while Timotheus was absent in the service of the king. He came to my father and requested him to give him the freight of the timber, that he might settle with the shipowner, as my father had asked him to do at the time of the introduction of Philondas on the eve of his voyage. My father then took him to the bank, and desired Phormio to give him the freight of the timber, a sum of seventeen hundred and fifty drachms. And Phormio counted out the money ; and he debited Timotheus with it ; for he it was who asked my father to supply the freight of the timber, and to him it belonged : and he made memo- randa of the occasion for which the money was received, and the name of the person who received it. The date of this transaction was the archonship of Alcisthenes, the year after the defendant set sail to join the king. About the same time also Timosthenes of JSgilia returned home from a voyage which he had made on some private AGAINST TIMOTHEUS. 121 mercantile adventure. Timosthenes, being a friend and partner in trade of Phormio, gave to Phormio at the time of his departure divers articles of property to keep for him, and (among others) two plates of Lycian workmanship. It happened by chance that the boy, not knowing that these plates belonged to another person, gave them to ^iEschrion, the defendant's lackey, when he was sent by the defendant to my father and asked for the loan of the bed-covers and the cloaks and borrowed the mina in silver, at the time when Alcetas and Jason came to the defendant's house. Timosthenes upon his arrival, (the defendant being still abroad in the king's service,) asked Phormio to return him the plates ; and my father persuaded him to accept the value of the plates, as much as their weight amounted to, which was two hundred and thirty-seven drachms. And he paid Timosthenes the value of the plates, and he debited the defendant with the sum which he paid Timosthenes for them, adding it to the rest of the debt which the defendant owed him. To prove the truth of all these statements, he shall read you the evidence in the depositions ; first that of the servants in the bank, who paid out the money to the persons whom Timotheus directed it to be paid to, and then that of the person who received the price of the plates. [The depositions.'] That nothing which I have stated is untrue, you have learned from the depositions. He shall now read you one, proving an acknowledgment by the defendant himself, that the timber imported by Philondas was carried up to his house in Piraeus. [The deposition.] That the timber which Philondas brought belonged to the defendant, he has proved for me, as you see, by his own testimony ; for he admitted before the arbitrator, that it was carried up to his house in Piraeus, as those who heard him have testified to you. I will endeavour also to show you by circumstantial proof, that what I say is true. Do you imagine, men of the jury, that, if the timber had not been the property of Timotheus, and he had not introduced Phi- londas at the time when he was about setting sail to join the king's generals, and requested my father to furnish the 122 THE ORATIONS OF DEMOSTHENES. freight, my father would ever have allowed Philondas to carry the timber away from the harbour, supposing the timber to have been mortgaged to him for the freight, and would not rather have placed one of his servants to keep possession and to receive the price of what was sold from time to time until he got his money back; assuming, that the timber belonged to Philondas and was imported in the way of trade ? And besides this does any man here think it likely, that, unless Timotheus had requested my father to supply the freight of the timber which had been given him by Amyntas, my father would have trusted Philondas, and suffered him to carry the timber from the harbour up to the defendant's house? Again, how is it possible, if Philondas (as the defendant says) imported the timber in the way of trade, that the defendant on his return home should have used the timber for the building of his house 1 And con- sider this too many respectable citizens were friends of Timotheus and looked after his affairs, while he was abroad in the king's service. Not one of them has ventured to appear for him and give evidence, either that Philondas did not receive the freight of the timber from the bank, or that after receiving he paid it; nor yet, that any one of them discharged the freight for the timber which Philondas brought, and which had been given to the defendant by Amyntas : for they deem it of greater importance to them- selves, to maintain the character of good and honest men, than to gratify Timotheus by giving false testimony. They declared however that they would not give evidence of the truth against him, as he was their friend. Since then none of his intimate friends, who looked after his affairs when he was abroad in the king's service, has ventured to bear witness for him, either that Philondas did not receive the freight of the timber from the bank, or that any of them paid it, is it not reasonable that you should believe the truth of my state- ments ? He won't venture either to say this, that any one else but my father paid the freight for the timber which Philondas brought. 'Should he make such an assertion, require him to produce before you the deposition of the person who paid the freight for the timber. It is admitted that he himself was abroad in the king's service ; and as to Philondas, whom he sent to fetch the timber and whom he AGAINST TIMOTHEUS. 123 introduced to my father you know, Timotheus, you found him dead, when you returned from the service of the king. Some other then of your friends and acquaintances, whom you left to look after your affairs when you were going abroad, must know from what source Philondas got the freight of the timber to pay the shipowner, if you deny that you intro- duced my father to Philondas, or that he received the freight of the timber from my father. But you cannot produce a deposition from any of your friends, to show that the freight of the timber was not received from the bank while you were abroad ; and one of two things follows either you are not on terms with any of your friends, and have no confidence in any of those who belong to you, or you know perfectly well that Philondas did receive the freight of the timber from my father, to whom you introduced him when you were about to sail from Athens, and you are now deliberately endeavouring to cheat me out of this debt. I, men of the jury, have already produced before you the deposition of the servants of the bank, who paid over the money to the persons to whom Timotheus desired them ; but in addition to this, I was willing to confirm the evidence by an oath, which he shall read you. [Tlie oath.} Not only did my father write down the debts which he left, men of the jury, but he stated to rne and to my brother in his last illness each particular sum that was owing to him, and the name of the debtor, and the purpose for which the money was received. To prove the truth of this statement, read, if you please, my brother's deposition. [The deposition.} That Timotheus was left by my father owing us this money, for which I sue him, and that it has fallen to my share in the succession, I have proved both by the evidence of my. brother and by that of Phormio, who gave the money ; and I myself was willing to confirm the statement by an oath. The defendant gave me a challenge before the arbitrator, requesting me to bring the accounts from the bank and asking for copies, and he sent Phrasierides to the bank ; I brought out the accounts to this Phrasierides and allowed him to examine them and to have the entries of his 124 THE ORATIONS OF DEMOSTHENES. own debt copied from the book. To prove that he admitted having received copies, read me the deposition. [The deposition."] I brought the accounts to the arbitrator; Phormio and Euphraeus, who had paid the money to persons whom he named to receive it, attended and proved the case against him, showing the date of each loan which he contracted, the purpose for which he received the money, and that to which he applied it. The defendant said, with respect to the thirteen hundred and fifty-one drachms two obols, which he first borrowed in the month of Munychion in the archonship of Socratidas, when he was on the eve of his voyage, and which he desired to be given to his treasurer Antimachus, that my father lent that sum to Antimachus on his private account, and that he (Timotheus) did not receive it. In support of this statement he has produced no witness, but makes the assertion, that it may not be thought that he is cheating us out of the money, if i-t was borrowed by Anti- machus. Now, men of the jury, I will give you a pretty good proof, that my father did not lend this money to Anti- machus, but to Timotheus when on the eve of his departure. Why, which do you think would have been the easier course for my father to prefer his petition, when the property of Antimachus was confiscated, and claim a charge on the estate to this amount, 1 supposing him to have lent to Anti- machus or to wait until he had a chance of getting it from Timotheus when in better circumstances, Timotheus having very little hope of his deliverance at that time 1 Doubtless, had he made this claim, he would have had no difficulty in finding the deposit, nor would he have been distrusted by you ; for you are all aware, that my father did not desire to rob the public, but used cheerfully to spend his own money in your service, whenever you required him ; and besides, Callistratus, who sold the effects of Antimachus, was on friendly terms with my father, and therefore was not likely to oppose him. What object then could my father have had in leaving Timotheus in his books as our debtor, if he really 1 See Volume iii. Appendix viii. page 341 ; and the Archaeological Dictionary, titles Paracatdbole and Syndicus. AGAINST TIMOTHEUS. 125 did not owe this money, rather than preferring his petition and getting it out of the confiscated estate of Antimachus? With respect to the thousand drachms, which he borrowed from Antiphanes in Calauria, to distribute among the Boeotian commanders, when he was about to return home to take his trial, and which he paid to Philip the shipowner here after getting the money from my father, he says that the Boeotian admiral borrowed that sum and gave some copper to my father in pledge for it. That this is untrue, I will give you a good proof. In the first place, it is shown that Timotheus borrowed the thousand drachms in Calauria, and not the Boeotian admiral ; secondly, that Philip de- manded the thousand drachms here from Timotheus, and not from the Boeotian admiral, and that Timotheus paid them, and not the Boeotian admiral : for it was proper that the Boeotian admiral should receive from Timotheus the main- tenance for his crews, as the pay was supplied for the forces out of a common contribution, and you, Timotheus, collected all the money from the allies, and you were bound to render an account thereof. And again, in the event of the Boeotian fleet being broken up and the troops disbanded, the Boeotian admiral was in no danger from the Athenians, nor was any trial hanging over him : but you were in the greatest peril, and in the extremity of your alarm you thought it would be a great help to your defence, if the Boeotian triremes stayed with the fleet until after the trial. Besides From what motive of friendship would my father ever have lent the thousand drachms to the Boeotian admiral, with whom he had no acquaintance ? But he says, my father took some copper in pledge. How much copper ? of what country was it ? and how did the Boeotian admiral get it ? Was it imported in the way of trade or obtained from prisoners ? and who were the persons who brought the copper to my father ? were they ( hired men or slaves 1 and which of our slaves was it who re- ceived the copper ? If slaves brought it, he ought to have delivered them up ; if hired men, he ought to have demanded that slave of ours who received and weighed the copper to be delivered up : for of course neither the party taking the pledge would receive it, nor the party giving deliver it, without weighing ; nor again was my father likely to weigh or carry the copper himself, as he had slaves who used to 126 THE ORATIONS OF DEMOSTHENES. receive the articles given in pledge for money lent. I wonder too for what possible reason the Boeotian admiral should have pledged the copper to my father, if he owed a thousand drachms to Philip. Was it that Philip would not gladly have received interest, if his money was lent safely and on security? or was it that Philip had no money? It could hardly be that. Why then should the Boeotian admiral have asked my father to lend him the thousand drachms and pay Philip, rather than give the copper in pledge to Philip ? The truth is, men of the jury neither was the copper pledged, nor did the Boeotian admiral borrow the thousand drachms of my father, but Timotheus the defendant borrowed them, being at the time in great distress j the occasion for which he employed the money I have already told you. Instead of showing gratitude for the confidence reposed in him and the loan advanced by my father, he thinks proper to cheat us, if possible, out of the principal debt. With respect to the plates and the mina in silver, which he borrowed of my father when he sent his servant ^Eschrion. to him in the night-time, I asked him before the arbitrator if ^Eschrion was still a slave, and I required that he should be assayed at the rack. Timotheus replied that he was free ; so I gave up the thought of demanding him for torture, but required the defendant to put in a deposition of ^Eschrion, as being a freeman. Timotheus would neither produce a depo- sition, nor deliver up ^Eschrion as a slave and have proof by the torture ; for he was afraid that, if he produced a deposi- tion of ^Eschrion as a freeman, I should proceed against him for false testimony, and after convicting him I should proceed against the defendant for subornation according to law ; if r" a he delivered him up to the torture, he was afraid that hrion would give evidence against him. Surely it was a fine opportunity for him, if he had no witnesses to produce concerning the other receipts of money, to prove at least out of the mouth of ^Eschrion, that the plates and the mina in silver were not received, and that ^Eschrion was not sent by him to my father, and to use this as an argument to you that the rest of my claims against him are false, when his slave whom I allege to have received the plates and the mina in silver is proved by the torture not to have received them. If 'this then would have been a strong piece of evidence to AGAINST TIMOTHEUS. 127 you in the defendant's favour, that he offered to deliver up ^Eschrion, whom I allege to have been sent by the defendant and to have received the plates from my father and to have borrowed the mina in silver, let it be regarded as a proof in my favour, that, knowing the truth of my claim, he dares not deliver ^Eschrion to be examined. He will set up as a defence however, that he was entered in the banking book in the archonship of Alcisthenes as having received the freight of the timber and the price of the plates, which my father paid for him to Timosthenes, and that he was not at that time in the country, but was in the king's service. Upon this point I wish to give you accurate information, that you may perfectly understand how the banking accounts are made out. Timotheus in the month of Thargolion in the archonship of Asteius, when he was about setting sail to join the king, introduced Philondas to my father. In the following year, in the archonship of Alcis- thenes, Philondas arrives with the timber from Macedonia, and he received the freight of the timber from ray father, while Timotheus was abroad in the king's service. Accord- ingly, they entered the defendant in the book as debtor, when they paid the money from the bank, not when he introduced Philondas to my father at Athens. For, when he introduced him, the timber had not yet come, but Philondas had to go on his journey to fetch it; and, when he arrived with the timber, the defendant was abroad, and Philondas received the freight of the timber, according to the defendant's request, and the timber was carried up to the defendant's house in Piraeus. That Timotheus was badly off when he sailed from Athens, is known, without my mentioning it, to some of you, who took mortgages on his estate, and whom he is now trying to cheat out of their money. To prove to you that he contracted debts to some of our people without a pledge, not having any equivalent security to give, read me the deposition. [The deposition.] With respect to the plates, which ^Eschrion his lackey begged the loan of in the month of Msemacterion in the archonship of Asteius, when Timotheus was at Athens, and when he received Alcetas and Jason as his guests, and Mie 128 THE ORATIONS OF DEMOSTHENES. value of which he was debited with in the archonship of Alcisthenes remember that my father for some time sup- posed that he would bring back the plates that he borrowed ; but when Timotheus was gone without having brought back the plates, when the plates of Timosthenes were no longer in the custody of Phormio, and the owner came and demanded their return, then my father paid the price of the plates to Timosthenes, and added this to the rest of the defendant's debt in his book. Should he therefore adopt this line of defence, that he was not in the country at the date of the entry which appears against him for the value of the plates, reply to him thus " You received them at Athens ; but, as you did not bring them back, and as you were abroad, and as the plates which the depositor demanded were not in exis- tence, you were debited with the value of the plates when the value was paid." Oh but, perhaps he will say, my father ought to have asked him to return tho plates. But my father saw that you were in bad circumstances, Timotheus. And he trusted you with respect to the rest of your debt, and thought that, after your return to Athens, you would pay him when your circumstances improved. Was he likely then to distrust you in the affair of the plates ? He promised at your request, when you were on the eve of sailing to join the king, that he would provide the freight of the timber. Was he likely then to distrust you about a pair of plates ? He did not ask you to pay the rest of your debt, seeing that you were in distress. Was he likely to trouble you about the plates ? I wish to say a word about the challenge to an oath, which I gave the defendant and he gave me. For, after I had put an oath into the evidence box, he also proposed to take an oath and discharge himself. Really, if I had not known him to have sworn many solemn oaths both to states and to individuals, and to have committed flagrant perjury, I should have allowed him to take the oath: but when I have witnesses to prove that his nominees received the money from the bank, and strong circumstantial evidence besides, I should consider it monstrous to let a man swear in his own discharge, who would not only have no regard to the sanctity of an oath, but who has not spared even the temples when he sought to gratify his avarice. It would be a long business to AGAINST TIMOTHEUS. 129 specify the various perjuries which he has committed without the least scruple : I will remind you only of those which are the most flagrant, and which you are acquainted with. You remember, he swore in the assembly that he would indict Iphicrates for usurpation of civic rights, and, if he broke that vow, he imprecated destruction upon his own head, and devoted his property to religious uses. Notwithstanding this solemn promise on oath in the popular assembly, a short time afterwards, for the sake of his own interests, he gave his daughter in marriage to the son of Iphicrates. When he was not ashamed to hreak his promise to you, though there is a law, that, if a man deceives the people by a promise, he shall be liable to imprisonment for it when, after swearing and imprecating destruction upon himself, he did riot fear the Gods, by whom he swore falsely should I be prudent to let him take an oath in his own discharge ? It is not so very long ago either, since he solemnly protested in the assembly that he had not sufficient provision for his old age though lie possesses so large a property such is the insatiable covetousness of his disposition. I should be glad however to ask you this question whether you feel wrath against bankers who have become bankrupt. If you feel a just resentment against them for the injury which they do you, ought you not to support those bankers who do no injury ? It is indeed through men like the defendant that banks are broken; because, when they are in distress, they borrow money and expect to obtain credit on account of their character, but, when they have retrieved their fortunes, instead of paying, they rob their creditors. You see, men of the jury; what I was able to call wit- nesses to prove, they have proved for me : and I have shown you besides by circumstantial evidence, that Timotheus owes the money to my father's estate. I pray you therefore to assist me in recovering what my father left me from his debtors. VOL. v. 130 THE ORATIONS OF DEMOSTHENES. THE ORATION AGAINST POLYCLES. THE ARGUMENT. APOLLODORDS, the son of Pasion, having been appointed trierarch, entered upon the command of his ship, equipped it handsomely at his own expense, and went out with it on the public service to the Hellespont and various other places. Polycles, who had b^ea ap- pointed to succeed him at the end of his official year, did not join his ship till four months after the time, and, even when he had joined, did not immediately enter upon his duties : Apollodorus therefore was forced to remain in charge of the ship during all that period, and incurred extra expenses, which he was entitled by law to recover from his successor, and which he seeks to recover in the present action. It appears from the plaintiff's statement, that in the fitting out of his ship he had displayed an extraordinary liberality, and had given a higher rate of pay to the seamen than usual, in order to secure a good crew. This was laudable in itself, and very natural in the case of a newly created citizen, who wished to recommend him- self to the favour of the Athenians; but it was made a ground of complaint by the defendant, and served him as a pretext for refusing to take to the ship's furniture, or to reimburse the plaintiff for his outlay. The historical events referred to seem to fix the date of the plaintiff's expedition at about the year 362 B.C., and the action was probably brought about two years after. The speech is instructive on the subject of the trierarchy, and Bockh has made good use of it in his chapter thereupon in the fourth book of his Public Economy of Athens, from which the following extract is subjoined : " The speech against Polycles, which belongs to Olymp. 104, 4, contains the best information concerning the services which were required by law at that time. There is not the slightest mention of any obliga- tion to supply the vessel, but the trierarchs were only bound to launch it. The crew was appointed out of the township, but since a few only were obtained, and those insufficient, Apollodorus was glad to hire some sailors of his own : he also voluntarily paid them their wages, the generals having only given him provision-money, and two months' pay out of seventeen : he also subjected himself to many other voluntary expenses, such as having fresh seamen in different places : he also equipped the vessel himself; nor was he single in this respect, for others had likewise supplied the ship's furniture, AGAINST POLYCLES. 131 and let it to their successors : other trierarchs however at this period received their vessels ready equipped from the State ; and in the oration concerning the crown of the trierarchy, which refers to the same form of this service, it is distinctly stated that the state equipped the ship, which is also evident from the fact that in Olymp. 105, 4, ship's furniture which had not teen formerly paid for was claimed from the trierarchs. Apollodorus, having supplied the furniture of his own ship, might call upon his successor either to bring new with him, or to purchase the old from himself : with regard to the ship, there is nowhere any trace either of selling or letting, but Apollodorus only requires his successor to receive it from him according to law, in order that he might be at length re- lieved from his trierarchy, which he had already performed beyond the legal time. It is therefore hardly worth repeating, that at that time no charge but the repairing and maintenance of the ship and ship's furniture was imposed on the trierarchs by law, all other expenses being merely voluntary ; although these were by no means trifling, as the State frequently furnished damaged ships, and on voyages, and particularly in battles, great losses were experienced. This Apollodorus, the son of Pasion, is a remarkable instance how harshly a man could be treated, if he was rich and ambitious, aud moreover, like him, a new citizen : for his statements bear the stamp of truth in a greater degree than the assertion of Phormio, that Apollodorus in the offices of trierarch and choregus had not even expended as much from his own property as was required of himself with an income of twenty minas. Such extreme contradic- tions are to be found in the same orator, provided that both speeches are of his composition." CAUSES like the present, men of the jury, demand the especial attention of those who have to decide them. For this contest does not concern me and Polycles only, but affects the in- terests of the whole commonwealth. In cases where the complaint is of a private nature, but the injury is public, you are imperatively called upon to hear and decide cor- rectly. Had I sued Polycles upon a contract of any other kind, the contest would have been limited to Polycles and myself : but the question now before you concerns the suc- cession to a ship, and extra trierarchal expenses of five months , and six days : it is a question also, whether the laws are to rbe in force or not. It seems then to be necessary, that I should explain the whole case to you from the beginning. And by the gods I entreat you, men of the jury, not to sup- pose me guilty of loquacity, if I go at some length into the particulars of my expenses and proceedings, to show you that the several services which I rendered were seasonable and K2 132 THE ORATIONS OF DEMOSTHENES. important to the state. If any one can show that I am telling falsehoods, let him get up and confute what he alleges to be a misstatement while my water is running in the glass. But if my statements are true, and if no one but the defendant would think of contradicting them, I make one reasonable request to you all. You that were in the army and in the campaign with me, recall to your remembrance and give an account to those that sit by you of the zeal which I displayed, of the troubles and distresses that fell upon the state on that occasion, that it may appear from this evidence how I behave in the execution of your commands. You that remained at Athens, listen to me in silence, while I explain to you all the circumstances, and confirm every one of my assertions by the production of laws and decrees, those of the Council and those of the people, and the testimony of witnesses. On the twenty-fourth day of the month Metageitnion, in the archonship of Molou, an assembly of the people was held ; tidings of a very serious nature were reported to you, and you passed a vote that the trierarchs (of whom I was one) should launch their galleys. It cannot be necessary that I should explain to you the critical position in which our affairs stood at that time ; for you yourselves must remember it. Tenos had been seized by Alexander, and its people reduced to slavery; Miltocythes had revolted from Cotys, and had sent ambassadors to negotiate an alliance, requesting you to send troops to his assistance, and offering to restore the Chersonese : the Proconnesians, your allies, were petitioning you in the assembly for assistance, stating that the Cyzicenes were attacking them by sea and land, and imploring you not to allow them to perish : again, the merchants and the ship- owners were about sailing out of the Euxine, and the Byzantines and Chalcedonians and Cyzicenes were detaining their vessels on account of the scarcity of corn in their own country. When you heard these tidings in the assembly from the ambassadors and their supporters, and when you saw that the price of corn was rising in the Piraeus, and that there was not very much to be bought, you passed a decree that the trierarchs should launch their galleys and bring them up to the pier, and that the councillors and the demarchs should make out lists of the townsmen and returns of the sailors, and that the armament should be shipped off speedily AGAINST POLYCLES. 133 and succours sent to the various places. And the decree of Aristophon, which I am about to read, was passed. [The decree.] You have heard the decree, men of the jury. When I found that the sailors put on the roll by the townsmen did not make their appearance, except a few, who were incapable, I dismissed them, and, having mortgaged my estate and borrowed money, I was the first to man my ship, hiring sailors of the best possible quality, by giving large bounties and payments in advance to each. I also furnished my ship \vith tackle entirely of my own, without taking any of the public stock ; I fitted it out most handsomely, and made a more splendid show than any of the trierarchs. I hired the best rowers that could be procured. And not only did I de- fray all these heavy trierarchal expenses, men of the jury ; b.ut I also paid in advance a considerable share of the taxes which you ordered to be levied for the expedition. You had resolved that the council, on behalf of the different townships, should return the names of those who were to pay taxes in advance, whether members of the townships or persons possessing property in them ; and my name was returned in three townships, as my property was notorious. I did not seek to excuse myself, either on the ground that I was a trierarch and could not defray two public charges, or that the laws did not permit such a thing, but I was the first to pay my taxes in advance. And I have never recovered the advances, be- cause at the time I was abroad in your service as trierarch, and afterwards, when I returned, I found that the money had already been got in from the solvent parties by others, and the insolvent ones only were left. To satisfy you of the truth of these statements, he shall read you the depositions of the persons who then collected the war-supplies, and those of the clearing officers, and the account of the pay which I disbursed every month for the rowers and the marines, receiving only provision-money from the generals, except pay for two months only in the space of a year and five months ; and also of the seamen who were hired, and how much money each of them received. From this you will see how zealous I was in your service and why the defendant was so unwilling to take the ship from me, when the term of my trierarchy had expired. 134 THE ORATIONS OF DEMOSTHENES. [Depositions.] That the statements which I have made to 7 oa aw not incorrect, you have learned from the reading of the deposi- tions. That what I am about to state is true, you will all agree. It is admitted, that a ship is broken up 1 in two events, first, if no pay is given to the crew, and secondly, if she returns to the Piraeus before her expedition is complete ; for then there is a great deal of desertion, and the seamen that remain with her do not like to embark again, unless more money is given them to pay their household expenses. Both these things happened to me, men of the jury, and caused my trierarchy to be more costly. For, after I had been eight months at sea without receiving any pay from the general, I sailed home with the ambassadors because mine was the best sailing vessel. And again, when I had been ordered by the people to carry Meno the general to the Hellespont, to take the place of Autocles who had been deposed, I set sail in a hurry from Athens, and hired new sailors in lieu of those who had deserted me, offering them large bounties and payments in advance, and I gave to the original sailors who stayed with me something to leave for the maintenance of their household, in addition to what they had before ; for I was aware of the pressing nature of their wants, although my own distress was such as, by Jupiter and Apollo, no one could believe, who had not actually traced the history of my affairs. I mortgaged my farm to Thrasylochus and Archenaus, and having borrowed thirty minas from them and distributed the money among the crew, I set sail, that no part of the people's orders might remain unexecuted, as far as it depended on me. And the people, when they heard what I had done, passed a vote of thanks, and invited me to dinner in the Prytaneum. To prove the truth of these statements, he shall read you the deposition which I have put in evidence, and the decree of the people. [The deposition. The decree.'] After we had reached the Hellespont, and after the term of my trierarchy had expired, as no pay was given to the troops except for two months, and another general, Timo- 1 Pabst " unbrauchbar gemacht wird." AGAINST POLYCLES. 135 machus, had arrived, but without bringing any new naval commanders, many of my crew became disheartened and deserted the ship ; some of them went off to the continent to take military service, some to the fleet of the Thasians and Maronites, allured by the offers of high pay and large bounties, and seeing that my means were exhausted, and that the state supplied scarcely anything, and our allies were needy, and our generals not to be relied upon ; and many persons had deceived them by misrepresentations, and they knew also that the term of my trierarchy had expired, and that no preparations were made for returning home, and no successor in command had arrived, from whose liberality anything was to be expected. For, the more zealous I had been in man- ning my ship with good rowers, the greater was the desertion from me, and more than from the other captains. The others, if they could keep nothing else, kept the seamen who had been drawn from the civic roll, who stayed with them in expectation of returning home when the general discharged them : but my crew, relying upon their skill as able rowers, went off wherever they were likely to be re-engaged and get the highest pay, caring more for immediate gain than for the danger of their being captured by me at some future time. Under these circumstances, and as the general Timomachus also commanded me to sail to Hierum and convoy the corn, but yet supplied me with no pay for my ship, and intelligence was brought that the Byzantines and Chalcedonians were again laying an embargo on vessels and forcing them to unlade their corn, I borrowed fifteen minas at interest from Cheeredemus of Anaphlystus, and eight hundred drachms from Nicippus the shipowner, who happened to be in Sestus, at maritime interest, twelve and a half per cent., on condition that I should pay him principal and interest if the vessel got safe to Athens: 1 I sent Euctemon, who commanded a fifty- oared vessel, to Lampsacus, giving him money and letters to friends of my father, and desired him to engage for me the best sailors that he possibly could : I stayed myself in Sestus, and gave the old sailors who stayed with me all the money 1 I have followed Bekker's text in the translation of this negligently written, perhaps corrupt, passage. Bockh, in a note to the Public Economy of Athens, translation, vol. i. p. 180, has tried his hand at amendment. 136 THE ORATIONS OP DEMOSTHENES. that I had, since the term of my trierarchy had expired, and I got some other seamen at full pay, while the general was preparing for his expedition to Hierum. When Euctemon however had arrived from Lampsacus with the seamen whom he had engaged, and the general had given his order to set sail, it so happened that Euctemon was taken suddenly ill, and he was in a very precarious state : I therefore gave him his pay, with money for the voyage, and sent him home ; then got another pentecontarch and went out myself to con- voy the corn ; and I remained there five and forty days, until the departure of the vessels from Pontus, after the setting of Arcturus. When I arrived at Sestus, I expected to return home, as the term of my trierarchy had expired, and I had served two months over the time, and no successor had come to take the command. But the general Timo- machus, having received an embassy of Maronites, who requested him to convoy their corn-ships, ordered us trier- archs to take the ships in tow to Maronea, which was a long passage on the open sea. I have narrated all these events to you from the beginning, that you may see how much I have expended on my own account and how burdensome an office I have served, as well as the extra trierarchal expenses which I subsequently incurred on the defendant's behalf, as he had not joined his ship, and also all the dangers to which I was exposed from tempests and from the enemy. For, after the convoying of the vessels to Maronea and our arrival at Thasos, Tirnomachus came and undertook again, in conjunc- tion with the Thasians, to convoy corn and a body of peltasts to Stryme, with the intention of taking possession of the place. The Maronites however drew up their ships in defence of the place, and offered battle ; our troops were fatigued after their long voyage and towing of the vessels from Thasos to Stryme ; it was stormy too and there was no haven, and no possibility of disembarking or getting our meal, as the land was our enemy's, and the wall was sur- rounded on all sides by bands of mercenaries and barbarians from the adjacent country; we were obliged therefore to cast anchor and remain out at sea and keep watch the whole night, without food or rest, for fear the fleet of the Maronites should make a night attack upon us. And besides, there were showers of rain and thunder and a violent hurricane, AGAINST POLYCLES. 137 as is common at that season of the year, (for it was just at the setting of the Pleiads j) therefore you may imagine, men of the jury, what despondency fell upon the troops, and what desertion there was again from me after this, when the old sailors were so distressed, and when they got so little, only what I could let them have out of the money that I bor- rowed, in addition to what they had had from me before ; for the general did not allow them enough even for their daily subsistence. And now I had served three months over my time, and no one had come to take command of the ship, but I was engaging fresh seamen in lieu of those who had deserted, and borrowing money for that purpose. My successor has less excuse than any other for not having joined his ship long before. For Euctemon the pentecon- tarcb, after he had been sent home on account of illness from the Hellespont, on his arriving at Athens and being informed that Polycles had been appointed to succeed me, knowing that the period of my trierarchy had expired and that I was serving beyond the time, took with him my father-in-law Dinias and accosted Polycles on the exchange, and requested him to set sail and join his ship as soon as possible, as the expenses that were incurred day by day, in addition to the provision-money allowed for the ship by the general, were very heavy. And he told him all the particulars of the monthly pay which was given to the rowers and marines, as well to the seamen whom he had himself engaged at Lampsacus, as to those who subsequently came on board in place of the deserters, and also of the money which I had given to each of the old sailors at their request after the term of my trierarchy had expired, and all the daily expen- diture upon the ship ; with which he was well acquainted, for it was through him, as commander of the fifty-oar, that all the purchases and payments were made. And he told him about the ship's furniture, that it was my own, and that I had none of the public stock. "Therefore" be said "either resolve to make terms with him, or take out your own furniture with you. I think however" added he "that you won't disagree; for he owes money out there, which he'll be glad to pay out of the price of the furniture." Polycles, when he heard this from Euctemon and my father- in-law Dinias, made no answer to their proposal, but laughed 138 THE ORATIONS OF DEMOSTHENES. (they told me) and said l< The mouse is beginning to taste pitch : he wished to be an Athenian." However, as he paid no attention to what Euctenion and Dinias had said to him, Pythodorus of Acharnee and Apollodorus of Leuconoe, friends and connexions of mine, went to him afterwards, and re- quested him to go off and join his ship as successor in the command ; and they spoke to him about the ship's furniture, and stated that all I had was my own, and none of it was public property : " therefore " they said " if you are willing to take what he has, leave money here, and don't run the risk of carrying it abroad " for they wished to redeem the farm, and pay Archenaus and Thrasylochus their thirty minas. With respect to the wear and tear of the furniture, they offered to draw up an agreement with him, and to become sureties for me, and guarantee him the usual terms between trierarchs and their successors. To prove the truth of all these statements, he shall read you the evidence in the depositions. [Depositions.'] I think then I shall be able to show you by many proofs, that Polycles neither originally 1 intended to receive the ship from me, nor, after he was compelled by you and your decree to go and join his ship, was he willing to take it as my suc- cessor. For, upon his arrival at Thasos, when I was holding the command in the fourth month after its expiration, I took witnesses with me, as many citizens as I could find, and also the marines and rowers, and in their presence I went up to him in the market-place in Thasos, and required him to receive the ship from me as successor in command, and to pay me what I had disbursed after the expiration of my term. I offered to cast it up item by item, while I had the witnesses to the expenditure by me, the sailors and rowers and marines, so that, if he disputed anything, I might prove it at once. For the account had been made out so accurately, that I had not only put down the disbursements themselves, but also the objects of them, and the nature of the services performed. and what the prices were, and of what country the coin was, and what the agio came to ; so that I might be able to satisfy my successor, in case he thought that I was making any false Pabst " damals." AGAINST POLYCLES. 139 charge. And besides that, I was willing to confirm the truth of my account by an oath. Upon my giving him this chal- lenge, he replied, that he paid no attention to what I was saying. While this was going on, there came a servant from the general, and ordered me to set sail ; the order was given to me, and not the defendant, my successor, to whom the duty was then transferred ; the reason I will explain to you in the course of my address. I thought proper at that time to get under weigh and sail where he ordered me. But when I had returned to Thasos, after towing the vessels to Stryme as the general commanded, I desired the sailors and rowers and marines to stay on board, I myself landed, and went to the house where the general Timomachus had put up, wishing in his presence again to deliver up my ship with her full crew to the defendant Polycles. I found the defen- dant there with Timomachus, and the trierarchs and theii successors and some other of our countrymen ; I went in, and at once in the presence of the general addressed Polycles, and called upcn him to take the ship from me, and to re- imburse me for the expenses of my overtime ; and I asked him about the ship's furniture, whether he would take to it, or whether he had come with furniture of his own. Upon my challenging him in this way, he asked me why I was the only captain who had ship's furniture of my own, and whether the state was not aware that there were some per- sons able to provide furniture for their ships so as to dispense with aid from the public. lt Or have you " said he " so far outstripped everybody in wealth, that you are the only captain who has furniture of his own and gilded ornaments ? Who" (said he) "can endure your madness and extrava- gance, a crew corrupted and accustomed to receive large sums of money in advance, and to enjoy an exemption from the regular services of a ship and to take the pleasure of a bath, and rowers and marines rendered luxurious by getting full and first-rate wages ? You " he went on " have been the teacher of bad practices in the army ; it is partly owing to you, that the troops of the other captains become vicious, when they seek to have the same allowances as yours : you ought to have done the same as the other captains." Upon his saying this, I replied that I had forborne to take ship's furniture from the docks, because (said 1) " you have made 140 THE ORATIONS OF DEMOSTHENES. it disreputable. 1 However, if you like, take this of mine ; if you don't like it, provide furniture for yourself. With respect to the sailors and the rowers and marines, if you say they have been corrupted by me, take the galley from me, and get sailors and rowers and marines of your own, who will sail with you without receiving any pay. At all events, take the ship ; for I am not bound to command it any longer ; the term of my trierarchy is expired, and I have held it four months over the time." To these words of mine he replied, that his colleague in command had not joined the ship; "therefore" said he "I will not take the ship alone." To prove the truth of these statements that in the market- place he made the answer which I before mentioned, that he paid no attention to what I said and that in the house where Timomachus lodged he said that he would not take the ship alone he shall read you the evidence in the de- positions. [Depositions.] After this, men of the jury, as the defendant neither chose to receive the ship from me, nor offered to pay the expenses of my overtime, and as the general ordered me to set sail, I went up to him in the harbour in Thasos in the presence of the general, when the galley was fully manned, and made a proposal not in accordance with my strict rights, but which was wrung from me by his injustice and was necessary under the circumstances " As you say, Polycles, that your col- league in command has not arrived, I will get from him, if I am able, the expenses of my extra time of service, the four months ; you take the ship from me, and first serve the trierarchy for your own term, six months ; after that, if your colleague has arrived in the interval, you will deliver up the command to him, having discharged your own duties ; if he has not arrived, you will suffer no hardship by serving the trierarchy two months over your time. It would indeed be strange when I, after serving my own time and that of my colleague, have performed extra trierarchal duties for you and 1 Auger : " vous lea avez mis en mauvais e'tat." Pabst : " du sie unbrauchbar gemacht hast." In a note he says, it might be translated " in schlimmen Ruf gebracht hast : entweder durch voreiligen Tadel, oder weil Du es, vielleicht bei Verwaltung eines friiheren Amtes im Seearsenale vernachlassigt hast." AGAINST POLYCLES. 141 your colleague that you, who have defrayed no charge, should refuse to take your ship and serve your own time, or to reimburse me my expenses !" To this he replied, that what I said was all a fable : and the general desired me to go on board my ship and put to sea with him. To prove that he made this reply, read me the deposition. [The deposition.] I wish now to mention a circumstance, to prove to you how flagrant is the injustice which has been done me. Mnesilochus of Perithoidse and Phrasierides of Anaphlystus were about the same time appointed the successors to Hag- nias and Praxicles. Phrasierides not having joined his ship, Mnesilochus went to Thasos and received the galley from Hagnias, and paid to Hagnias, under an arrangement, the trierarchal expenses which he had incurred on their behalf after his time, and hired the ship's furniture from Hagnias, and took the command in his own person. Afterwards there came people from Phrasierides, who paid his share of the expenses to Mnesilochus, and for the remainder of the time contributed whatever he required for the charges of the ship. Please to read the deposition which proves these facts. [The deposition.'] Perhaps, men of the jury, you are curious to hear what the general could mean by not compelling Polycles to take the ship from me, when he had joined it as my successor, the laws being so imperative on the subject. The cause of this you shall be fully informed of. Timomachus, men of the jury, in the first place, desired to have the galley in proper trim for everything. He knew however, that the defendant, if he took the command, would manage it badly ; he would neither defray the necessary charges, 1 nor make use of the rowers and marines, for none of them would stay with him. He knew again, if he ordered him to sail without giving him money, instead of obeying him and putting to sea as I should do, he would only give him annoyance. And besides this, he borrows from him thirty minas, upon the understanding that he should not compel him to take the ship. But what most irritated Timomachus against me, what caused him to ill-treat me and refuse on every occasion to 1 Pabst : " den aufwand fur das Schiff machen." 142 THE ORATIONS OF DEMOSTHENES. hear a word that I had to say, I will fully explain to you, to convince you that I paid less regard at that time to my own comfort and the general's power than to the people of Athens and the laws, and that I submitted to injury and insult, which was far more grievous to me than pecuniary loss. While the fleet was lying idle at Thasos, there came an express-boat from Methone in Macedonia to Thasos, bringing a man with letters from Callistratus to Timomachus, which, as I was afterwards informed, contained a request to send off the swiftest galley that he had to bring him to the general. Accordingly the very next day, early in the morning, an officer oame and ordered me to summon my crew to the ship. As soon as it was manned, Callippus, the son of Philo of Aixone, comes on board, and directs the pilot to steer for Macedonia. After we had reached a certain place on the opposite coast, an emporium of the Thasians, we landed and were taking our dinner, when one of the sailors, Callicles, the son of Epitrephes of Thria, came up to me and said, that he wanted to speak to me about something which con- cerned myself. I requested him to proceed. He said that he wished to show his gratitude to me in any way that he could, for what I had given him in his distress ; and " do you know," he added, " for what purpose you are making this voyage, and where you are going 1 " I replied that I did not know. " Then " said he " I will tell you ; for you ought to be informed, that you may know how to act. You are going " said he " to bring an exile, whom the Athenians have twice sentenced to death, I mean Callistratus, from Methone to Thasos, to his son-in-law Timomachus. I have learned this," said he, " from the servants of Callippus. Now, if you are wise, you will not permit any exile to come on board your ship ; for it is prohibited by the laws." After hearing this from Callicles, I went to Callippus and asked him for what place he was steering, and whom he was going after. He laughed me to scorn, and threatened me in a manner which you will understand, (for you have some experience of the temper of Callippus :) I addressed him thus " I am told that you are making a voyage to fetch Callistratus. Now I will bring no exile, nor will I go to fetch him ; for the laws forbid to harbour any exile, and make the person who does harbour exiles amenable to the like punishment. I shall AGAINST POLYCLES. 143 therefore return immediately to the general in Thasos." And when the sailors went on board, I told the pilot to steer back for Thasos. Callippus opposed me, and desired him to steer for Macedonia, as the general had commanded ; but Posidip- pus the pilot replied, that I was captain of the ship and the responsible party, and he received his pay from me, so he should sail where I desired him, to Thasos and the general. Upon our reaching Thasos the following day, Timomachus sends for me to his lodging outside the city wall. T, fearing that I should be put under arrest upon the complaint of Callippus, did not wait upon him in person, but told the officer that, if he wanted to speak with me, I should be in the market-place ; and I sent my servant with him, that, in case the general had any orders to give me, he might hear and report them to me. It was for these reasons which I have stated to you, men of the jury, that Timomachus did not compel the defendant to take the ship ; and also, because he wished to have the ship for his own use in the best sailing condition. He persuaded Thrasylochus of Anagyrus, whose galley he was aboard of, to let his trierarchy to Callippus, in order that Callippus, having absolute control of the ship, might carry Callistratus round the coast ; he himself came on board of my ship, and sailed round from place to place, until he arrived in the Hellespont. When he had no longer any use for ships of war, he put Lycinus of Pallene as admiral on board my ship, and having ordered him to give money to the seamen every day, desired me to sail straight home. On our voyage home we stopped at Tenedos : Lycinus, notwithstanding his commission from Timomachus, was giving no provision-money to the sailors ; he said he had none to give, but should get some from Myti- lene ; and the troops had no means to purchase provisions, and without food would not have been able to row : so I, again taking some of our countrymen with me as witnesses, went to Polycles the defendant in Tenedos, and requested him to take the ship as my successor in command, and to reimburse me what I had expended on his behalf while remaining in com- mand after my time. My object was to deprive him of the pretext which he might set up in his defence before you, namely, that I refused to deliver up the ship to him from an ambitious motive, wishing to return home in a fast-sailing 144 THE ORATIONS OF DEMOSTHENES. ship and to show off to you my costly outlay. As he de- clined to take the ship, and the seamen were asking for money to purchase what they required, I again went to him with witnesses, and asked him if he had come out with money and was prepared to receive the ship from me or not. He replied that he had come with money ; I then requested him to lend me some upon a mortgage of the ship's furniture, that I might distribute it among the seamen and bring the ship home, as he did not choose to take it as successor in. command. To this request he replied, that he would not lend me a farthing. Accordingly, I obtained a loan from Cleanax and Eperatus, two friends of my father in Tenedos, and gave the sailors their provision-money ; for, through my being Pasion's sou, and his being on terms of friendship with many foreigners and having great credit in Greece, I had no diffi- culty in borrowing money where I wanted it. To prove the truth of these statements, I will produce the depositions before you. [Depositions.] He has read you the depositions of all persons that I was able to find, who were actually present, and who testify that I frequently offered to deliver up the ship to Polycles, and that he did not choose to receive it from me. I have further shown you by good circumstantial evidence, why he did not choose to take the ship. I desire now that the law concerning successors elect should be read to you, that you may see how heavy the penalties are, when a man has not taken a ship from his predecessor at the stated time, and how Polycles, notwithstanding these penalties, has treated not me only, but you and the laws, with contempt. As far as it depended on Polycles, all the measures of the state and her allies have failed ; for he neither joined his ship according to law, nor, when he had joined, did he choose to take the com- mand from his predecessor ; whereas I did my duty during my colleague's time as well as my own, and, after the term of my trierarchy had expired, upon the general's ordering me to sail to Hierum, I convoyed the corn for the people of Athens, that you might have an abundant market, and that nothing might be lost by any neglect of mine : I rendered to the general every service which he required either of me or of AGAINST POLYCLE8. 145 my trireme, not only spending my property, but risking my life also, and always going on board myself, although my domestic troubles at that crisis were of such a nature, that you would pity me if you heard them. My mother lay ill and on the point of death during my absence, so that she could no longer help but very slightly to retrieve my affairs. I had returned six days, and after she had seen and spoken to me she breathed her last, when she was no longer mistress of her property so as to give me what she wished. Fre- quently before had she sent for me, begging me to come without my ship, if I was unable to come with it. My wife, for whom I have the greatest affection, was very poorly for a long time during my absence ; my children were small, and my property mortgaged : not only did my land yield no pro- duce, but even the water in that year, as you all know, was dried up in the wells, so that not a vegetable grew in the garden: my creditors, at the expiration of the year, de- manded interest, unless they were paid the principal accord- ing to contract. When I learned these tidings, partly by word of mouth from travellers, partly by letters from my friends, imagine what I must have felt, and how many tears I must have shed, while I was casting up my present dis- tresses, or again while I was longing to see my children and my wife and mother, whom I had very little hope of finding alive. For what is sweeter to a man than these ob- jects of his love 1 and why should one wish for life deprived of them ? Though such troubles had fallen upon me, I postponed all consideration of my own private interests to that of yours. My money was being wasted, my household affairs were neglected, my wife and my mother were ill. I resolved to rise superior to all these misfortunes, so that no one should accuse me either of deserting my post or letting my galley be unservice- able to the state. In return for all which I now implore you, that, as I behaved myself dutifully and did good service to you, so will you take thought for my interests now, and, remembering all that I have told you, the depositions which I have produced and the decrees, you will redress my wrongs, avenge your own, and enable me to recover the money which I have expended for this man's use. Or who will wish to show zeal for your service, when it is seen that you neither VOL. v. L 146 THE ORATIONS OF DEMOSTHENES. recompense those who are honest and dutiful, nor punish those who are dishonest and disobedient ? He shall read you the law, and an exact account of my expenses for the time that I served on this man's behalf, and of the money which each of the deserters from the ship ran away with, and where they severally betook themselves ; to convince you that neither now nor at any time before have I told you an un- truth. I consider that, as I am bound to serve the state irreproachably during the period prescribed by law, so ought I to bring to conviction and punishment those who disobey the laws and treat the laws and you with contempt. Be assured, you will punish the defendant less for my private good than for that of the public : your decision will not merely have reference to the case of former trierarchs, but will be a rule for the future, so that those who perform their duties shall not be discouraged, and the successors elect shall not defy the laws, but go and join their ships when they are appointed. These are the points you have to consider, and then proceed to a fair and righteous judgment upon the whole case. I should be glad to ask you, men of the jury, what opinion you would have had of me, if, upon the expiration of my term, and the defendant's not having joined his ship, I had sailed away, and refused to serve beyond the legal period as the general directed. Would you not have been indignant, and thought that I had committed an offence 1 ? If then you would have been indignant in that event, at my refusal to serve beyond the legal period, surely you ought now to give me judgment against the defendant, who neglected to take the ship from me, for the expenses which I defrayed on his behalf. Nor is it in my case only that he has failed to receive his ship as successor for on a former occasion, when he was the colleague of Euripides, and there was an agreement between them that each should sail for six months, Euripides had gone out and his time had expired, but Polycles did not come to take his place. To prove this, I will read you a deposition. [The deposition.] FOE THE NAVAL CROWN. 147 THE ORATION FOR THE NAVAL CROWN. THE ARGUMENT. THE Athenians, having to send off a fleet without delay, passed a decree, that the trierarch who first got his ship ready for sea should be rewarded with a crown, and that those who did not bring their ships up to the pier before the last day of the month should be thrown into prison. Apollodorua was the first to bring his ship up to the pier, and received a crown for it. He claimed also the crown promised on the other account, but was opposed by other candidates, the syntrierarchs apparently of another ship, and the decision upon their rival claims was referred to the Council of Five-hundred. In the speech before us, the only one of Demosthenes addressed to the Council, Apollodorus maintains his title to the reward on the ground that he had performed the condition ; urging also his superior merits in other respects, for having fitted out his ship handsomely, and hired good seamen at his own cost; whereas his opponents (he contends) had no hope of success except through undue influence and the assistance of the orators who pleaded their cause ; in fact, they deserved punishment rather than reward, for not having brought their vessel to the pier in time, and for employing a deputy trierarch, which was a practice detrimental to the public service. If the speech is genuine, it refers, one would think, to the occasion mentioned in the oration against Polycles, p. 1208. The genuineness of it is doubted by A. G. Becker, who, judging from intrinsic evidence, and chiefly from the omission of names and circumstances, thinks it more rese*mbles a sophistical exercise than a real address to an Attic tribunal. IF the decree, men of the council, had ordered you to give the crown to that person who had the greatest number of advocates, I should have been perfectly mad to claim it, as Cephisodotus alone has pleaded my cause, and a multitude of speakers have appeared for my opponents. The people, how- ever, ordered that the treasurer should give it to that person who first got his ship ready for sea ; and I have done this ; therefore I say I am entitled to be crowned. What surprises me in these men is, that they neglected their ship, but got their orators ready ; and it seems to me that they have mis- taken the whole thing, and imagine that you are grateful not to those who do their duty, but to those who say they do it, L2 148 THE ORATIONS OF DEMOSTHENES. in which their judgment of you is different from mine. And for this very reason you ought to regard me with more favour; for it appears that I have a better opinion of you than they have. The right and proper course, men of Athens, was, that persons who claim to receive a crown from you should show themselves worthy of it, not heap abuse upon me. However, as they omit the former, and do the latter, I will prove them to be false in both points, both in their commen- dation of themselves and in their slander of me ; and this I will prove from our respective acts. You passed a decree, that, whoever did not bring his ship round to the pier before the last day of the mouth, should be put under arrest and delivered to the court of justice. This decree being confirmed, 1 I brought my ship up to the pier, and received a crown from you for it, while my adversaries did not even launch their galley, so that they have become liable to imprisonment. Would it not be the strangest conduct on your part, were you to crown persons who have rendered themselves amenable to such a penalty ? The ship's furni- ture also, which the state is bound to supply the trierarchs with, I provided at my own expense, and took none from the public stock, whereas these men have used your furniture, and given nothing of their own towards the equipment. They can't say either, that they tried their ship sooner than I did : for, before they had even touched their galley, mine had been manned, and you all saw her practising. Again, I got the most able rowers, by giving far the largest pay. If these men had merely had inferior rowers, there would have been nothing so very shameful in it ; but they have hired none whatever, through their disputing about the terms. How can it be just, when they manned their ship later than I did, that they should have the crown for first getting it ready ? I think therefore that, even if I held my tongue, you must see that I am fully entitled to .the crown ; but I will show you that, of all people in the world, these men have the least pretence for claiming it. How will this be most clearly proved? From what they have done themselves. They looked out for a person to take their trierarchy on the lowest terms, and they have let the appointment. Is it not mani- 1 Perhaps by the popular assembly. But Auger and Pabst take it differently. FOR THE NAVAL CROWN. 149 festly unjust, to shirk the charge, and yet demand a share in the honours which it confers ; and, while they accuse the deputy of not having brought their ship up to the pier, to ask you to reward them now for good service ? You ought not indeed, men of Athens, to decide solely upon the grounds already mentioned ; you should have regard to the precedents established by yourselves, when other men acted as these have done. For, when you were vanquished in the sea-fight by Alexander, you thought that the trierarchs who had ap- pointed deputies were the principal authors of the disaster, and you sent them for trial, pronouncing them to have be- trayed their ships and deserted their post. Aristophon was their accuser, and you were their judges ; and, had your re- sentment been equal to their crime, there was nothing to prevent sentence of death being passed upon them. My opponents know that they have committed the same offence, and yet, instead of shuddering before you at the prospect of what they ought to suffer, they attack others in their speeches and demand crowns to be given to themselves. Only con- sider, what would be thought of your measures, if it appeared that for the same cause you condemned some persons to death, and rewarded others with a crown. And you would not be blamed for doing this only, but also for not punishing such offenders when you have caught them. The time to be in- dignant is, not when you have suffered some of your posses- sions to be lost, but while your possessions are safe, and you see those placed in trust, under the temptation of cupidity, neglecting to make due provision for their safety. Don't let my speech be condemned for its bitterness ; con- demn those rather who have committed the fault : for it is through them that my speech is bitter. I wonder indeed how it is, that these men should imprison and punish the sailors who desert their ship, who get only thirty drachms each, while you do not treat in the same manner the trier- archs who stay at home, who have received thirty minas each for accompanying their ship : and, if a poor man commits an error under the pressure of necessity, he will be subjected to the severest penalties, but, if a rich man does the same thing out of base covetousness, he will meet with pardon. And what becomes of universal equality and popular government, if you decide things in this manner ? Again, it appears to 150 THE ORATIONS OF DEMOSTHENES. me to be an absurdity, that a man who speaks anything con- trary to law, if he is found guilty, should be mulcted in a third part of his personal rights, 1 while one who violates the law not by word, but by deed, suffers no punishment at all. Yet you will all agree, men of Athens, that to be lenient to such offences is to train up others to commit them. I wish, as I have entered upon the subject, to explain to you the consequences of such conduct. When a deputy tri- erarch goes out on an expedition, he robs and plunders every- body ; he reaps all the profit himself, and the first Athenian that drops in for it pays the penalty ; and you are the only people who are unable to travel anywhere without a herald's staff, on account of the privateering and reprisals which are caused by these men ; so that it will be found on inquiry, that galleys so commanded go out not for you but against you. For one that commands for the state should not enrich himself at the public expense, but repair the losses of the state at his own expense, if you are to get anything done that is proper. Unfortunately, every one goes to sea resolved to pursue a different course : the errors occasioned by their own vices are repaired by the damage that falls upon you. And this is just what might be expected. For you have allowed dis- honest men, if they escape discovery, to keep their plunder, if they are found out, to obtain pardon : those therefore who are regardless of character have a license to do what they please. Private individuals, who only learn by suffering, we call improvident : you, who even after repeated suffering take no precaution by what name should you be called ? It is right that I should say something about the advo- cates who have pleaded for them. Certain persons imagine they have such a privilege both of doing and of saying what they please with you, that some of those who formerly ap- peared as accusers with Aristophon, and were most bitter against the men who had let their trierarchies, now request you to confer a crown upon my opponents, and prove one of two things against themselves, either that they attacked the former parties unjustly, or that they are now advocating the cause of these men for a bribe. And they ask you to oblige them, as if it were a question about a gift instead of a prize, 1 "Tertia pars corporis infamia notabatur turn, cum lingua, i.e. facultas in foro et in concione dicendi, interdicebatur." Reiske. FOB THE NAVAL CROWN, 151 or as if, supposing you were doing a favour, 1 it were right to confer it at the instance of such men as these on persons who neglect your affairs, instead of conferring it at the instance of better men on persons who do their duty. And again, they are so indifferent to good character, regarding everything as secondary in comparison with lucre, that, not content with contradicting in their public speeches what they have said on former occasions, they even now talk inconsistently with themselves; for, while they maintain that the crew should belong to the trireme which is to get the crown, they bid you crown the trierarchs who have estranged themselves from the service. And they say that no one got his ship ready for sea before my opponents, yet they call upon you to crown us jointly, which is contrary to the decree. I am as far from conceding this as I am from having let my trierarchy : I would neither submit to the one, nor have I done the other. They pretend to be pleading only for the sake of justice, but they show more zeal than any of you would who was acting gratuitously, as if they were bound to earn their reward, and not to deliver their opinion. Again, as though they were not members of a free commonwealth, and every one there- fore had liberty of speech, but as though it were a sort of exclusive priesthood of their own, if any man stands up before you in defence of the right, they make a grievance of it, and say he is an audacious fellow ; and such is the extent of their stupidity, they think that, if they call a man who has once spoken impudent, they shall themselves be thought good men and true all their lives. Yet it is through the harangues of these men our affairs get in a worse position, while it is owing to those who oppose them on honest grounds that anything is saved. With such advocates engaged to sup- port them, and with the knowledge that their own character is so assailable, if people choose to use hard words, they have nevertheless thought proper to contest this matter, and dared to speak disparagingly of another, they who should have been only too happy if they kept out of harm's reach themselves. 1 Others construe these words differently. Pabst : " oder als ob Ihr durch solche Leite urn die Gunst Derer Euch bewerben miisstet, die eure Sache vernachliissigeu, und es nicht eure Ehre erforderte, mit Hiilfe der Besseren Denen, welche Euch pflichtmassige Dienste leisten, Euch gefallig zu beweisen." 152 THE ORATIONS OF DEMOSTHENES. For the misdeeds and the audacity of these men you are yourselves principally to blame : for you inquire of the ora- tors, whom you know to be employed for hire, instead of examining for yourselves, what the character of every man is. Is it not absurd, to regard these men themselves as the basest of our people, and yet to form a high opinion of those who are praised by them ? They dispose of everything at their plea- sure, and all but sell the public property by the common crier, and order you to crown or not to crown where they choose, making their own will paramount to your decrees. My counsel to you, men of Athens, is, not to let the honour- able ambition of generous citizens be dependent upon the covetousness of the orators. Otherwise, you will teach all people to perform the duties imposed on them as cheaply as possible, and to hire at the highest price those who are ready to support them before you by impudent falsehood. THE ORATION AGAINST CALLIPPUS. THE ARGUMENT. APOLLODORUS here states his case for the defence against the plaintiff Callippus. Lycon of Heraclea, being about to sail for Libya, deposited a sum of sixteen hundred and forty drachms in Pasion's bank, with instructions to pay it to one Cephisiades, his partner, when he came to Athens. The ship in which Lycon embarked was seized by pirates or priva- teers in the Sinus Argolicus ; he himself was wounded and carried to Argos, where he died. Callippus being the state-friend, or consul, of the Heracleotes, hearing of his death, inquired at the bank if Lycon had left any money there, was informed of the above-mentioned transaction, and saw the entry in the bank book. For the time he said nothing ; but Cephisiades having afterwards arrived in Athens, and received the sixteen hundred and forty drachms, Callippus, who had conceived the idea of getting that money for himself, tried (as the defendant says) to induce Pasion to commit a breach of trust in his favour, and frighten Cephisiades into returning the money. This attempt having failed, three years afterwards he commenced an action against Pasion for having wrongfully paid over the deposit to Cephisiades. The matter was referred to private arbitration, but Pasion died before any award was given : Apollodorus having suc- ceeded to his father's liability, a fresh action was commenced against him, and he was urged to refer the dispute to the same arbitrator, Lysithides. He consented to do so, provided the cause were judicially AGAINST CALLIPPUS. 153 referred by order of the magistrate, so that an appeal might lie from the arbitrator's decision. Lysithides having pronounced an award for the plaintiff, Apollodorus appealed to a jury. He complains that the conduct of the arbitrator was both partial and illegal, as he gave his award without being sworn. He shows that there never was any foundation for the plaintiff's demand; insisting (among other things) upon the absence of any connexion between the deceased Lycon and Callippus, the good character of his own father Pasion, and the great improbability that he would favour a stranger like Cephisiades against the plaintiff, who was a person of influence at Athens. He comments also upon the suspicious conduct of the plaintiff in having allowed so long a time to elapse before he prosecuted his demand, only going to law when he knew that Pasion was in a declining state of health, and then not pressing on the cause till after his death. THERE is nothing more harassing, men of the jury, than when a man having reputation and the ability to speak is bold enough to tell lies and is well supplied with witnesses. For it then becomes necessary for the defendant not to confine himself to the facts of the case, but to attack the speaker him- self, and to show that he ought not to be believed on account of his reputation. Should you establish it as a custom that clever speakers and men of high repute are to be more believed than persons of less ability, you will have set up this custom against yourselves. If ever then you did decide a case upon its own merits, looking to justice only, without being biassed in favour of either party, either the plaintiff or the defendant, I implore you to decide upon such principles now. I will explain the matter from the beginning. Lycon the Heracleote, men of the jury, the person men- tioned by the plaintiff, was a customer of my father's bank, like the other merchants ; a friend of Aristonous of Decelea and Archebiades of Lampra, and an intelligent man. When he was about to set out on a voyage to Libya, he cast up his account with my father, in the presence of Archebiades and Phrasias, and directed my father to pay the money which he left (it was sixteen minas forty drachms, as I shall show you very clearly,) to Cephisiades ; stating that this Cephisiades was his partner, a resident in Scyrus, but at that time abroad on some other mercantile enterprise. He directed Arche- biades and Phrasias to introduce and make him known to my father, when he returned from his travels. It is the custom with all bankers, when any private individual deposits a sum of money with direction to pay it to any person, first 154 THE ORATIONS OF DEMOSTHENES. to write down the name of the party depositing and the sum, then to enter in the margin that " it is to be paid to this or that person ;" and if they know the face of the person to whom they are to pay, they do only that, write down to whom they are to pay ; but if they don't know it, they add the name of him who is to introduce and make known the person who is to receive the money. A misfortune happened to this Lycon : as soon as he had sailed round the Argolic bay, his ship was captured by some pirate vessels, his goods were conveyed to Argos, and he himself was killed by a bow- shot. Immediately afterwards Callippus the plaintiff comes to the bank, and asks whether they knew Lycon the Heracleote. Phormio, who is here in court, replied that they did know him. " And did he bank with you 1 " " He did "said Phormio " but why do you ask 1 " " Why ? "said he" I will tell you. He is dead, and I am the state-friend of the Heracleotes. T therefore request you to show me the bank-book, that I may see if he has left any money; for I am bound to look after the affairs of all the Heracleotes." When Phormio heard this, men of the jury, he showed him the book instantly; and the book being put before him, he read it with his own eyes, and there saw the following entry " Lycon of Heraclea, sixteen hundred and forty drachms ; to be paid to Cephi- siades ; Archebiades of Lampra will introduce Cephisiades." Having perused this, he went away in silence, and for more than five months took no further notice. Cephisiades after- wards arrived in Athens, came to the bank, and demanded the money. There were present Archebiades and Phrasias, men of the jury, the persons whom Lycon brought to my father and requested to identify Cephisiades upon his arrival; there were present also some others ; and Phormio, whom you see here, counted out and paid him the sixteen minas and forty drachms. To prove the truth of these statements, he shall read you the evidence of the depositions. [Depositions.] That I have told you nothing but the truth, you have learned from the depositions. A long time afterwards Cal- lippus the plaintiff came up to my father in the city, and asked him if Cephisiades, to whom the entry in the book was to pay the sum left by Lycon of Heraclea, had arrived in AGAINST CALLIPPUS. Athens. My father replied that he thought he had, but, if he liked to go down to the Piroeus, he might know the truth. " Do you know, Pasion " said he " what's the reason that I ask you ? " (and by Jupiter and Apollo and Ceres, I will tell you no falsehood, men of the jury, but relate just what I heard from my father.) " It is in your power" said he " both to benefit me and not to be hurt yourself. I happen to be the state-friend of the Heracleotes, and you might be glad, I should think, for me to get the money rather than an alien who resides at Scyrus and is a person of no account. The circumstances are these. Lycon is childless and has left no heir in his house, as I am informed. And besides this, when he was carried to Argos wounded, he gave to Stram- menus the Argive, state-friend of the Heracleotes, the pro- perty which was brought with him. And I too am in a position to claim the money which he has left here ; for I think I ought to have it. Do you then, if Cephisiades has not received it, say, if he should come here, that I dispute his title ; if he has received it, say that I came with witnesses and demanded that the money or the person who has received it should be produced ; and warn him, that I am the state- friend, and that he will defraud me at his peril." After he had spoken these words, " Callippus " said my father " I wish to oblige you, (I should be mad, if I did not,) but with this limitation, that I may not damage my own character or be a loser by the affair ; to mention what you propose to Archebiades and Aristonous, and indeed to Cephisiades him- self, can't hurt me ; but if they won't agree to it, you must talk to them yourself." " Don't be alarmed, Pasion" said he " if you like, you can compel them to do what I want." This, men of the jury, is what the plaintiff said to my father, and what he repeated to Archebiades and Cephisiades at the plaintiff's request and to oblige him ; and out of this by degrees the action has been got up. I offered to satisfy the plaintiff by the most solemn of all oaths, that I had heard this statement from my father. The plaintiff, who calls upon you to believe him on his word, waited for three years after my father's first communication to Archebiades and the other friends of Cephisiades, who refused to pay any attention to what Callippus said, and when he heard that my father was in a weak state of body and came up to the city 156 THE ORATIONS OF DEMOSTHENES. with difficulty, and that his eye was failing him, he com- mences an action against him, not indeed an action for money l like the present, but an action for damages, charging that he had injured him by paying Cephisiades the money, which Lycon of Heraclea left with him, without his (the plaintiff's) consent, after promising not to pay it. After he had brought his action, he withdrew the record from the public arbitrator, and challenged my father to a reference before Lysithides, a companion of Isocrates and Aphareus and himself, but also an acquaintance of my father. My father consented to refer, and during his lifetime Lysithides, notwithstanding his intimacy with these men, did not venture to do anything wrong against us. Yet some of the plaintiff's friends are so shameless, that they have dared to depose, that Callippus tendered an oath to my father, and my father was unwilling to swear before Lysithides; and they fancy they can persuade you, that Lysithides, an intimate friend of Cal- lippus, and acting as arbitrator between the parties, would have forborne to give his award against my father imme- diately, notwithstanding my father's refusal to make himself judge in his own case. 2 That what I say is true, and that my opponents' statements are false, is proved (I submit) by the very fact that Lysithides would have condemned him, and that I should now have been defendant in an action on the judgment, and not in an action for money. In addition to this, I will produce as witnesses before you the persons who were present at the several meetings in the reference before Lysithides. [Witnesses.] That he did not challenge my father to an oath at that time, and that he now calumniates him after his death, and i See Meier and Schomann, Attic Process, 479, 510. 3 " Sperant se vobis persuasuros, ut credatis, Lysithiden non fuisse commissurum ut damnaret patrem, cum pater nollet ipse sibi judex fieri, h.e. ultro desistere ab injusta" lite et satis Callippo facere." Reiske. " Sen sum loci Reiskius bene vidit." Schafer. " Nihil vidit hie vir perspicax. Sensus est : cum pater jurare nolu- isset; cum jurejurando suo, quo rem decidere potuisset, ipse sibi quasi judex fieri noluisset." Seager. Seager is right. The arbitrator would not fail to pronounce against Pasion, if Pasion had refused to discharge himself by an oath, when tendered to him by the adversary. AGAINST CALLIPPUS. 157 that he unscrupulously produces his own friends to give false testimony against me, it is easy for you to see both from the circumstantial evidence and from this deposition. That I was willing in my father's behalf to take that oath, which the law requires when a man sues the heir on a ground of action against the deceased ancestor, namely, that I believed that my father never promised to pay to the plaintiff the money which Lycon left, and that he was not introduced to my father by Lycon ; and that Phormio was ready to make oath, that he himself stated the account with Lycon in the presence of Archebiades, and that he was directed to pay the money to Cephisiades, and that Cephisiades was presented to him by Archebiades, and that, when Callippus came the first time to the bank, stating that Lycon was dead and that he (Cal- lippus) desired to inspect the books, to see if he had left any money, he (Phormio) showed him the books forthwith, and Callippus, after seeing the entry to pay Cephisiades, went away in silence, without making any claim to the money or giving any notice not to part with it all this I will prove, and he shall read you both the depositions and the law. [The depositions. The law.~\ Now, men of the jury, I will show you that Lycon had not the least connexion with Callippus. I think this will be something for me against the bragging of this man, who pre- tends that the money in question was given him by Lycon as a present. You must know that Lycon had lent forty minas to Megaclides of Eleusis and his brother Thrasyllus on a mer- cantile adventure to Thrace, but having changed his mind and resolved not to hazard the voyage, and having some complaint against Megaclides for cheating him about the interest, he quarrelled with him and went to law to recover his loan. It was a heavy matter when so much money was at stake ; yet Lycon never invited Callippus to his counsels, but asked Archebiades and the friends of Archebiades to assist him ; and it was Archebiades who effected a reconcilia- tion between the parties. To prove that this is true, I will produce Megaclides himself as a witness before you. [A deposition.] So intimate, you see, men of the jury, was Lycon with Callippus, that he never invited him to any consultation 158 THE ORATIONS OP DEMOSTHENES. upon his affairs, and never went to stay at his house. This is the only thing his friends have not ventured to depose to, that Lycon went to stay at his house ; for they well knew that, if they told such a lie as this, the servants would convict them on examination by the torture. But I will lay before you a striking piece of evidence, which I think will convince you that Callippus has not uttered a word of truth. If Lycon, men of the jury, had been on familiar and friendly terms with the plaintiff, as he says he was, and if he had wished to make him a present of this money in the event of anything happening to himself, would it not have been better instead of leaving the money in the bank to leave it directly with Callippus, in which case, if he returned safe, he would have it honestly and justly restored to him by his private friend and state-friend, and, if anything happened to him, he would have given the money directly as he intended ? It seems to me, that this last course would have been more straightforward and more generous. However, he did nothing of the kind, it appears, and therefore you are bound to accept it as evidence against him : he gave both written and verbal instructions to pay the money to Cephisiades. Now consider another point, men of the jury. Callippus was a citizen of Athens, a person having it in his power either to do a service or an injury ; Cephisiades was a resi- dent alien, and a person of no power or influence ; it is not likely therefore that my father would side with Cephisiades contrary to justice, rather than do justice to the plaintiff. Oh but he will say perhaps my father got a profit for himself out of the money, and therefore he sided with the other man rather than with the plaintiff. What ? would he have wronged a person who could do him damage to twice the amount of the profit ? And again was he so grasping after lucre in this case, when he had been so liberal in paying taxes and defraying public charges and making donations to the state ? He that never wronged a stranger, has he done wrong to Callippus ? And did the plaintiff, as he pretends, tender an oath to my father as an honest and truthful person, and yet does he now speak of him as a rascal who expunges deposits from his book 1 And, when my father would neither take the oath, as the plaintiff says, nor pay the debt, would not judgment have been pronounced against him immediately? AGAINST CALLIPPUS. 159 Who can believe these things, men of the jury ? No one, I should think. Has Archebiades sunk so low, as to give evidence against Callippus, who is a member of the same township as himself, and also a statesman and an orator, and to say that my tale is a true one, and his is false, when he knows too, that if Callippus chooses to proceed against him for false testimony, and to do nothing more than drive him to an oath, he will be compelled to take whatever oath Callippus requires? And again, can you be persuaded that Archebiades would perjure himself, in 'order that Cephisiades, a resident alien, may get this money, or for Phormio's benefit, whom the plaintiff charges with having appropriated a portion of the deposit ? It is not a very probable thing, men of the jury. It is not fair to believe that either Archebiades or my father was capable of an act of baseness. You know that my father was a person too ambitious of honour to be guilty of base or mean practices, and that he did not stand in such a relation to Callippus, that he would venture to treat him with contempt or do him an injury. Callippus, I should think, was hardly so slight a man as to be treated with contempt. On the contrary, he is so powerful, that last year, after he had brought this action against me and challenged me to refer the matter to Lysi- thides, (when I, despicable as he thought me, acted wisely at least in one respect, for I would only submit to a strict legal reference, and J. carried it before the magistrate) ; l Callippus persuaded the arbitrator, who had been appointed according to the laws, to pronounce an award not upon oath, though I protested against it and required him to give his award upon oath according to law : this Callippus did, that he might be able to say to you, that Lysithides, a good man and true, had 1 The meaning appears to be this. Apollodorus would not consent to refer to Lysithides as a private arbitrator, in -which case there would have been no appeal from his decision, but insisted that the reference should be in the cause, Lysithides being doubtless one of the public arbitrators, for they were most commonly chosen as private referees. Notice was in the usual way given to the magistrate who had cognizance of the cause, and he sent it to Lysithides by consent of both parties. Apollo- dorus complains of the partiality of Lysithides and of his having decided without taking an oath according to law; at the same time he takes credit for his own sagacity in having secured to himself the right of appeal. 160 THE ORATIONS OP DEMOSTHENES. already given a decision upon the case. Lysithides, men of the jury, as long as my father was alive, would probably never have wronged him either with an oath or without an oath, because he had a regard for my father ; but for me he had no regard, while not upon his oath, though perhaps, if he had been upon his oath, he would not have wronged me for his own sake : and therefore he pronounced an award unsworn. To prove the truth of these statements, I will produce before you the witnesses who were present. [Witnesses.] What Callippus is able to do in defiance of law and justice, you have learned from the deposition, men of the jury. I entreat you, both on my own behalf and on my father's, to remember that in support of all that I have said I have pro- duced before you witnesses and laws and circumstantial and confirmatory evidence; and I show you that when Callippus, if he had any right to this money, might have proceeded against Cephisiades, who admits that he has received the money, notwithstanding his having got these assurances from us, he takes no proceedings, knowing that the money is not in our hands I entreat you to remember all this, and to give a verdict for the defendant. If you do so, you will have pronounced a decision in accordance with law and justice, a decision worthy of yourselves and of my father : for I would rather you should take all I possessed, than have to pay an unjust demand in a vexatious action. THE ORATION AGAINST NICOSTRATUS. THE ARGUMENT. APOLLODORUS here appears in support of an information which he had lodged respecting some slaves, which he represented to be the pro- perty of one Arethusius, and, as such, liable to be seized for a debt due from him to the state. Nicostrat.us, the brother of Arethusius, disputes the title of the State, and claims the slaves as his own. A proceeding of this kind (as we have seen) was called Apograpke, because the informer gave in a written statement or inventory of the debtor's goods which he had discovered (see Volume iii. Appendix viii. pago AGAINST NICOSTRATUS. 161 341). If the title was contested in a court of law, and the informer made out his case, he was entitled to three-fourths of the goods as a reward : if he failed, he was liable to a penalty of a thousand drachms, and that partial disfranchisement which consisted in forfeiting the right to appear as public prosecutor again. Apollodorus, in order to conciliate the favour of the court, renounces his claim to the informer's share of the property, and declares the motive which induced him to undertake the present case, namely, his desire to avenge himself on Nicostratus and Arethusius for in- juries which they had done him. Such a motive being not merely excusable, but meritorious and laudable, in the eyes of the Athenian people, Apollodorus enters into the history of his former connexion and dealings with these men ; showing that Nicostratus was under the greatest obligations to him, yet had treated him with the grossest ingratitude, and had even leagued with his enemies to oppress and destroy him. He had, by the false testimony of Arethusius and another person, caused Apollodorus to be fined six hundred and ten drachms for non-appearance to a pretended citation. Arethusius had by the like fraud got a judgment for ten drachms against Apol- lodorus, which he proceeded to execute : (just as if at this day a man procured a false affidavit of the service of a writ, and then proceeded to judgment and execution.) These frauds were followed by acts of outrage and violence of a criminal nature. Apollodorus afterwards indicted Arethusius for having borne false witness to the citation : he was convicted, and a fine of a talent was imposed on him by the jury, for the satisfaction of which his effects were liable to be seized. After showing these preliminary matters, Apollodorus proceeds to the proof of that, which (strictly speaking) was the only issue in the cause, namely, that the slaves in question were the property of Arethusius, and not of Nicostratus; and he urges the necessity of dealing strictly with these fictitious claims, and preventing frauds upon the public treasury. THAT I have laid this information concerning the property of Arethusius not groundlessly and vexatiously, but because I have sustained injury and outrage from him and his bro- ther, and thought it my duty to avenge myself on them, you may be satisfied, men of the jury, when you see the amount 1 at which the slaves are valued, and that I have laid the 1 I am disposed to adopt the second thoughts of Bockh upon this passage, viz. that /j.eye0os signifies the small, and not the great, value of the property, and that the two slaves together were valued at two minas and a half. The meaning then is, When you see that so small a loss would be inflicted on my adversary, and so small a gain would fall to my share as informer in the event of success, while I should lose more than quadruple in the event of failure, you can hardly suppose that my charge is a false one. Reiske and Schafer take a different view. Pahst is dubious. VOL. V. M 162 THE ORATIONS OF DEMOSTHENES. information in my own name. For surely, if I had been taking vexatious proceedings, I should not have scheduled slaves worth two minas and a half, according to the claimant's own valuation, and run the risk of losing a thousand drachms and being precluded from ever indicting any one hereafter on my own behalf. Kor again was I unable, for lack of friends and means, to find a person to undertake the information : but I considered that it would be the most disgraceful thing in the world, when I myself had been injured, that another man should lend his name on behalf of me the injured party, and that this should serve my adversaries for a proof of my untruthfulness, whenever I spoke to you of our enmity, be- cause (they would say) no other man would ever have appeared as the informer, if I had really been the injured party. For these reasons I exhibited the information, If I can establish upon the trial, that the slaves belong to Are- thusius, to whom they were described as belonging, I re- nounce in favour of the state the three-fourth s, which by law are given to the individual informer ; and I am content, on my own part, with having simply taken vengeance. Had my allowance of water enabled me to give you a full history from the beginning of all the benefits which I have conferred on them, and all the ingratitude with which I have been requited, I am sure you would have still more excused my resentment, and would have deemed these persons the most wicked of mankind. As it is, however, not even double my allowance of water would be sufficient. I will relate to you then the most serious and flagrant injuries which they have done me, and those which have led to the present informa- tion : the bulk of them I will pass by. Nicostratus, whom you now see before you, men of the jury, was my country neighbour, and a person of the same age as myself. I had long been acquainted with him, but after my father's death, when I went to reside in the country, where I now reside, we were thrown still more together, by reason of our being neighbours and of the same age. In course of time we grew exceedingly intimate ; indeed I was on such intimate terms with him, that I never refused him any- thing that he asked ; and he also was of use to me in managing and attending to my affairs, and, whenever I was abroad either in the public service as trierarch, or on any AGAINST NICOSTRATUS. 163 private business of my own, I used to leave him in charge of everything on the farm. I happened to be sent with a ship that I commanded round Peloponnesus, from which I had to carry the ambassadors appointed by the people to Sicily. The ship was to sail in a hurry : so I wrote to Nicostratus telling him that I had set sail and should not be able to return home, that I might not delay the ambassadors ; and I charged him to take the care and management of my household, as he had done on former occasions. During my absence three domestic servants ran away from him, from his own farm ; two that I had given him, and one that he had purchased himself. He pursued them, and in doing so was captured by a privateer, carried to ^Egina, and there sold. When I had returned home with my ship, Dinon, this man's brother, came and told me of his disaster, stating that Nicostratus had sent him letters, but, as he had not the means of travelling, he had not gone after him, and telling me also that he heard his brother was in a most wretched condition. On receiving this intelligence, I felt a deep compassion for his misfortune, and I sent his brother Dinon to him instantly, giving him three hundred drachms to pay the expenses of the journey. Nicostratus, upon his return to Athens, came to me, embraced me, thanked me most warmly for supplying his brother with the travelling expenses, bewailed his unhappy fate, complained of his own relations, and entreated me, as I had always been his true friend before, to stand by him still. He told me at the same time with tears in his eyes, that he had been ran- somed for six and twenty minas, and he requested me to con- tribute something towards the redemption money. Touched with pity at his story, and seeing in what a wretched plight he was (he showed me the marks of the fetters on his calves ; he has the scars of them still, and if you ask him to show them to you, he won't do it) I replied, that I had been his true friend before, and would assist him in his distress, and I would forgive him the thirty minas which I gave his bro- ther for the expenses of his journey to him, and I would sub- scribe a thousand drachms towards his ransom. Nor did I content myself with mere words ; but what I promised I performed. Having no ready money by me, in consequence of my disputes with Phormio, who was keeping me out of the M2 164 THE ORATIONS OF DEMOSTHENES. property which my father left me, I went to Theocles, who then carried on the business of a banker, taking with me some cups and a golden crown, part of the property which had come to me from my father, and desired him to give a thousand drachms to Nicostratus, and I made Nicostratus a present of that sum : I acknowledge that it is a gift. A few days afterwards he came to me with tears in his eyes, and told me that the strangers who had lent him the redemp- tion money were demanding payment of the remainder, and that it was stipulated in the agreement that he should pay it within thirty days, or be liable for double the amount, and that no one was willing either to buy or to take a mortgage of the land adjoining mine, because his brother Arethusius, the owner of these slaves which are now scheduled, would not allow it either to be sold or mortgaged, as money was owing upon it to himself. " You then" he said " furnish me with the sum which is wanting, before the thirty days have expired, that what I have already paid, the thousand drachms, may not be lost, and that I may not be carried to prison. I will collect the whole amount" said he " when I have got rid of the strangers, and flay you all that you have lent. You know" said he "the laws expressly declare that a person ransomed from the enemy shall become the property of the ransomer, if he fails to pay the redemption money." Hearing him say this, and thinking he spoke the truth, I replied as was natural for a young man and an inti- mate friend, never expecting to be defrauded. " Nicostratus," I said "I was your true friend in former times, and I have now assisted you in your misfortunes, as far as I could. Since then at the present moment you cannot find the whole sum that is wanted, and I myself have no ready cash by me, I will lend you as much of my property as you desire, and you shall mortgage it for what is wanted to make up the rest of the debt, and you may have the use of the money for a twelvemonth without interest, and pay off the strangers. When you have collected the amount that I have advanced you, then pay off my mortgage as you promise." JNicos- tratus warmly thanked me for this, and urged me to conclude the affair as soon as possible, before the expiration of the days in which he said he had to pay the ransom. Accordingly I mortgaged my lodging-house to Arcesas of Pambotadse, AGAINST NICOSTRATUS. 165 whom this man himself recommended to me, for sixteen minas, at the interest of eight obols for the mina per month After he had received the money, he not only showed me no gratitude for what I had done for him, but immediately laid a plot to rob me of the money and become my enemy, so that I, not knowing how to deal with the affair on account of my youth and inexperience,, might take no proceedings to recover the sum for which the lodging-house was mortgaged, but forgive it him. Accordingly he first conspires against me with my opponents in a lawsuit, and binds himself by oath to support them; 1 after the proceedings had commenced, he discloses to them my case, which he was acquainted with, and enters me as owing to the treasury a fine of six hundred and ten drachms for non-production of property, 2 without my ever having been served with a citation, and he procured the judgment against me through Lycidas the miller. He caused his brother (this same Arethusius, to whom the slaves belong) and another person to be inserted as attesting wit- nesses to the citation; and they were prepared, in case I brought to a hearing before the magistrate the suits which I had commenced against my relations by whom I had been defrauded, to lay an information against me and throw me into prison. Besides this, Arethusius procured a judgment against me as debtor to the treasury for ten drachms, without my having been cited to appear, (he however had inserted witnesses to a citation,) then he entered forcibly into my house and carried off all my furniture, to the value of more than twenty minas, and did not leave a single particle. I paid the debt to the treasury, and resolving to avenge myself, as soon as I heard of the plot, I took proceedings against the 1 Pabst : " ertheilte ihnen eidliche Zusicherungen fur sie zu zeugen." 2 A man in possession of goods or documents, which either belonged to another, or which another was entitled to inspect, might be sum- moned to produce them, tfj.tya.vfi Karaa'Tija'ai, a process corresponding to the Koman actio ad exhibendum. If he refused to obey the summons, the magistrate before whom he was cited to attend might impose a fine upon him, and this might be repeated until his contumacy was over- come. The party summoned however might contend, either that he was not in possession of the things required, or that he was not bound to produce them; in either of which cases, the demandant had to proceed against him by an action, Sfa?j ets cptyav See Meier and Schomann, Attic Process, page 374. 166 THE ORATIONS OF DEMOSTHENES. person who confessed that he had cited me to appear, (I mean Arethusius,) and indicted him for false citation according to law : he then came at night into my farm, cut off all the valuable fruit-grafts that were there, and also the young trees in the shrubbery, 1 and broke down the enclosed plantations of olives ; not enemies in war would make such cruel havoc as he did. In addition to this, as they were neighbours, and my farm was adjacent to theirs, they sent into it in the day- time a young boy, the son of a citizen, and desired him to pluck off the flowers of my rosary, so that, if I caught him, and struck him in a passion, or put him in bonds, taking him for a slave, they might bring an indictment for outrage against me. They failed in this : I called some persons to bear witness to the wrong done me, but committed no offence against them myself; so they prepared to play me a trick of the foulest kind. My indictment against Arethusius for false citation had been heard before the magistrate, and I was about to bring it to trial before a jury ; he then lay in wait for me near the stone-quarries, as I was coming up late from Piraeus, gave me a blow with his fist, seized me round the waist, and would have pushed me into the stone-quarries, if some people had not come up, hearing my cries, and run to my assistance. A few days afterwards, I went into court, and, though there was a long cause-list, and I had but a limited time to conduct my case, I proved that he had falsely attested the citation and done me the other injuries which I have mentioned, and so obtained his conviction. When it came to the question of punishment, the jurors were inclined to pass sentence of death upon him ; I begged them however not to do anything of the sort at my instance, but to consent to the fine which they themselves proposed, a talent not that I had any desire to spare Arethusius, (for he well deserved death for what he had done to me,) but that it might not be said, that I, the son of Pasion, who had been created citizen by a decree of the people, had caused the death of an Athenian. To prove that I have told you no more than the truth, I will call witnesses to all these facts before you. , according to Reiske, is, "ambulatio arboribus septa, areola arboribus aut floribus consita." Pabst "die uin Baume ge- echluugenen Reben." AGAINST NICOSTRATUS. 167 The wrongs done me by Arethusius and his brother, which have caused me to lay this information, I have explained to you, men of the jury. That the slaves belong to Arethusius, and that I have only scheduled what forms part of his estate, I am about to show you. Cerdon he reared from early childhood ; and to prove that he belonged to Arethusius, I will call witnesses before you, who know the fact. [Witnesses.] I shall show also, that Arethusius got the wages on his account from all the persons with whom he ever worked; and that he used to receive compensation, or to pay it when Cerdon did any mischief, as a master would be bound to do. I will prove this by the evidence of witnesses acquainted with the facts. [Witnesses.] Manes he became possessed of in the following way. He lent a sum of money to Archepolis of Piraeus, and, as Archepolis was not able to pay either the principal or the interest, he valued the slave to him for the whole amount. To prove the truth of this, I will produce the witnesses before you. [Witnesses.] I will give you a further proof, men of the jury, that the slaves belong to Arethusius. Whenever these men either bought the year's fruits or engaged to reap a harvest for a certain sum, or undertook any other farm service, Arethusius was the person who made the purchase or engagement on their behalf. And this too I will prove by calling the witnesses. [Witnesses.] I have laid before you all the evidence I had to offer, to prove that the slaves belong to Arethusius. I wish now to say a word about the challenge which these men gave to me, and that which I gave to them. They challenged me at the first hearing before the magistrate, saying they were ready to deliver up the slaves for me to question them my- self; and they wanted this to serve them for a kind of evidence. 168 THE ORATIONS OF DEMOSTHENES. I replied to them in the presence of witnesses, that I was ready to go to the Council with them, and in conjunction with the Council or with the Eleven to receive the slaves foe examination : and I said that, had I been suing them in a private action, I would have accepted their offer to deliver up the slaves, but now the slaves and the information belonged to the state, therefore they ought to be questioned publicly. I thought it was not right that I, a private individual, should put public slaves to the torture ; for the application of the torture was not under my control, nor was I the proper person to decide on the meaning of their answers. I con- sidered that the magistrate or persons chosen by the Council should have had the answers taken down in writing, then put their seal to the examination, and produced it in court, to guide you to that verdict which your sense of justice dictated. For, if the slaves had been questioned privately, everything would have been disputed by these men; if publicly, we should have held our tongues, and the magis- trates or persons chosen by the Council would have carried the examination so far as they thought proper. Upon my making this offer, they said they would not deliver up the slaves to the magistrate, nor would they go with me before the Council. To prove the truth of these statements, please to call the witnesses who depose to them. [Witnesses.] Their impudence in claiming your property is manifest, as it seems to me, in many ways, but I shall exhibit it in the strongest point of view by referring to your laws. You must know that these men, when the jurors wished to pass a capital sentence on Arethusius, entreated the jurors to impose a pecuniary fine, and me to consent to it : and they agreed to be jointly responsible for the payment. So far however from paying according to their guarantee, they lay claim to your property. The laws declare that a man's estate shall be con- fiscated, who has guaranteed a sum due to the state and does not satisfy his guarantee ; therefore, even if the slaves be- longed to these persons, they ought to be confiscated, if the laws are good for anything, And, before Arethusius became indebted to the state, he was acknowledged to be the richest AGAINST CONON. 169 of the brothers ; but, since the laws have adjudged his property to you, Arethusius turns out to be poor, and his mother claims one part of his property, and his brothers claim another. If they meant to deal fairly by you, they should first have disclosed all the estate of Arethusius, and then have put in their own claim if any of their property had been scheduled. If you reflect then, that there will never be a lack of claimants to contest your rights for they'll either manage to get orphans or heiresses, to move your com- passion, or they'll talk about old age and distresses and mother's maintenance, and by dwelling piteously on those topics by which they expect most easily to deceive you, endeavour to cheat the state of her dues I say, if you disregard all these pretences and find a verdict against Nicostratus, you will act judiciously and wisely. THE ORATION AGAINST CONON. THE ARGUMENT. THIS was an action for assault and battery, brought by Ariston against Conon, which, after having been sent before a public arbitrator, was tried, as Pabst thinks, before the tribunal of the Forty. (See Meier and Schomann, Attic Process, page 80.) The circumstances of the case are briefly stated. There had been a quarrel between the plaintiff and the sons of the defendant, when they were in garrison together at Panactus ; during which time the defendant's sons had grossly misbehaved themselves and insulted the plaintiff, and, upon his complaint to the general, had received a reprimand. This rankled in their minds, and, on their return to Athens, they determined to be revenged. One evening, when Ariston was walking in the market- place, he met Ctesias, a son of Conon, in a state of intoxication. Ctesias, observing him, fetched his father and some boon-companions from a party, and they, falling upon Ariston, gave him a violent beating, knocked him down, and used him so brutally, that for some time after his life was in danger. They also carried away his cloak, which they had torn from his back. These are the facts which con- stitute the grounds of the plaintiff's action. He calls witnesses who saw the assault committed, proves the nature of the injury by medical testimony, and gives evidence of the malicious motives by way of aggravation. The circumstances plainly indicated that this was not a mere drunken frolic, as the defendant contended ; and, even if it 170 THE ORATIONS OF DEMOSTHENES. were so, it would be no excuse for so serious an outrage. The levity with which Conon had treated the matter was only a proof of his own profligacy and brutality. When he was before the arbitrator, he had not only endeavoured to make a joke of it, but had offered evidence to disprove the assault. The plaintiff therefore comments upon the character of his opponent's witnesses, and shows that they were not to be believed in opposition to his own. He takes credit also to himself for his moderation, in not having proceeded against the defendant by indictment, as he might have dcaie, for highway- robbery and criminal outrage. The events here related are made use of by Becker in scene v. of the Charicles. MEN of Athens, an outrage of such violence was committed on me by Conon the defendant, that for a long time I was given over by my relations and medical attendants. Contrary to expectation, I recovered; and then commenced this action against him for the assault. My relations and friends, whom I consulted, said that, for what he had done, he was liable to be imprisoned for robbery, or indicted for a gross outrage; but strongly advised me not to undertake too arduous a task, or appear as prosecutor on a charge unsuited to my years. I followed their advice, and brought an action, though I should gladly have prosecuted the defendant for a capital crime. And I am sure, men of Athens, you will forgive me, when you hear what I have suffered ; for, grievous as the assault was, it exceeds not the brutality of his subsequent conduct. I request and implore you all, to lend a kind ear to my com- plaint, and, if you think I have been aggrieved and injured, to give me the redress which I am entitled to. I will state the facts in order, as they occurred, in as few words as possible. Two years ago we went by order of the people to garrison Panactus. The sons of the defendant Conon pitched their tent near to us, most unfortunately ; for hence arose all our feuds and quarrels ; I will tell you how. They used to drink the whole of the day after luncheon, and continued to do so as long as we were in the garrison. Our mode of life was the same out there as at home. So it happened that, at the hour when others were dining, these men would be playing drunken frolics. And for some time they played them off upon our waiting-boys only, but at last upon us. They would pretend that the boys annoyed them with smoke in cooking, or were AGAINST CONON. 171 saucy ; then they beat them, emptied the chamber-pots on them, and made water over them, and played all sorts of insolent and brutal tricks. When this was brought to our notice, we were annoyed, yet at first only expressed our dis- gust; but when they taunted us and would not desist, we all went (not I alone, but all the messmates in a body), and informed the general. He rebuked them severely, not only for their treatment of us, but for their whole behaviour in the camp. Yet (so far from leaving off or being ashamed of their pranks) that very evening, as soon as it was dark, they burst in upon us, and, after using abusive language, ended by striking me ; and raised such a clamour and uproar about the tent, as to bring the general, the officers, and some of the other soldiers, but for whose interference we might have suffered, or been provoked to inflict, some serious injury. Things having gone so far, upon our return home there arose, as you might expect, a feeling of resentment and enmity between us. However, I never thought of bringing an action against them, or of taking any notice of what had passed j I simply resolved for the future to shun and avoid the company of such persons. I will prove the facts which I have stated, and then explain what I have suffered from the defendant himself. You will find, that he, who ought to have reproved his sons for their conduct, has himself been guilty of a much more shameful aggression. [Depositions.^ Such are the acts which I thought proper to pass over. Not long after this, I was taking my usual evening walk in the market-place with a companion of my own age, Phano- stratus of Cephisia, when Ctesias, the defendant's son, passed me in a state of intoxication by the Leocorium, near the houses of Pythodorus. Seeing us, he made an exclamation, then muttered something indistinctly to himself, like a drunken man, and went on his way up to Melita. There was a drinking party (as I afterwards heard) at the house of Pamphilus the fuller. Coiion the defendant, one Theotimus, Archebiades, Spintharus, son of Eubulus, Theogenes, son of Andromenes, and many others were there. Ctesias made them leave the party and go with him to the market-place. We happened to be returning from the temple of Proserpine, 172 THE ORATIONS OP DEMOSTHENES. and again -walking nearly opposite the Leocorium, when we encountered them. As we came close up, one of them (I don't know which) rushed upon Phanostratus, and held him ; Conon and his son, and the son of Andromenes, fell upon me, pulled off my cloak, tripped up my heels, threw me into the mud, and jumped on me and kicked me with such violence, that my lip was cut through and my eyes were closed up. In this state they left me, unable to rise or speak. As I lay, I heard them use dreadful and blasphemous language, some of which I should be sorry to repeat before you. One thing however, which proves the defendant's malice, and shows him to have been the leader in the affair, you shall hear. He crowed, mimicking the fighting-cocks that have won a battle j and his companions bade him clap his elbows against his sides like wings. I was afterwards found by some persons who came that way, and carried home, without my cloak ; for these men had gone off with that. \Vhen they got to the door, my mother aad the female servants began crying and wailing ; I was carried with some difficulty to a bath j they washed me all over, and then showed me to the surgeons. To prove these facts, I will call witnesses. [ Witnesses.'] It so happened, men of Athens, that Euxitheus of Chollidee, who is now in court, a relation of mine, and Midias, returning from some dinner, came up just as I was near home, followed me to the bath, and were present when the men brought a surgeon. I was then so weak, that, as it was a long way from the bath to my house, my attendants thought it best to take me for that evening to the house of Midias ; and they did so. You shall hear their evidence, to show you how many persons know the particulars of this outrage. [Depositions.] Now take the deposition of the surgeon. [The deposition.] Such was the immediate consequence of the blows and maltreatment which I received, as you hear from me and from all the witnesses who saw me at the time. Afterwards, although the swellings in my face and the bruises were not considered dangerous by the surgeon, a fever ensued, and AGAINST CONON. 173 continued without intermission, and violent and sharp pains in the whole of my body, but especially in my sides and stomach. I was unable to take any food and, as the sur- geon said, if a sudden discharge of blood had not relieved me at the moment of intense suffering and danger, I should have died of suppuration. The loss of blood saved me. That I am speaking the truth, when I tell you that from the blows which these men gave me I suffered a long illness, which brought me to the point of death, I will prove by the evi- dence of the surgeon and others who attended me. [Depositions.'] That I received no slight or trifling blows, but was in peril of my life from the malice and brutality of these men, and have commenced an action far more lenient than the case deserves, I take it you have abundant proof. But I dare say, some of you wonder what defence Conon will venture to set up. I will tell you beforehand the answer, which I hear he is prepared to make. He will try to make a jest of the out- rage, and turn the whole matter into ridicule. He'll tell you, that there are many persons in the city, sons of respect- able citizens, who in a spirit of youthful pleasantry have given themselves nicknames, such as Priapi or Sileni, 1 and that some of them have mistresses ; and that his own son is one of that set, and has often got into squabbles about a girl ; and that such things are natural to young men. Then he will make out that I and my brothers are not only drunken and quarrelsome people, but unfeeling also and vindictive. For my part, men of Athens, deeply as I resent the wrongs I have suffered, I should feel it no less a grievance, and (if I may so express myself) an insult, if you were to believe these assertions of Conon, and if you could be so weak as to take for granted the character which a man gives to himself or the imputations of his neighbour, instead of allowing to re- spectable men the benefit of their daily conduct and mode of 1 In the translation of l9vd\\ovs and avroXt}KtQovs I have followed Auger, who says in a note " II y a d'autres noms en Grec, des noms obscenes, que se donnoient des libertins et des de'bauche's. Je les ai remplace's par des noms comma, consacre's dans le paganisme au liber- tinage et a la debauche." Those who desire further information as to the Greek terms may consult the note of Pabst. i74 THE ORATIONS OF DEMOSTHENES. life. No one has ever seen us either drunk or committing outrage ; and I cannot think I am doing anything unfeeling, when I seek redress for my wrongs according to law. The sons of the defendant are welcome (for all I care) to be Sileni and Priapi. I only pray to heaven, that both his sons and himself may reap the consequences of all such titles. The rites which they perform, and their actions too, are so in- decent, that no respectable person can mention, much less imitate them. But what have I to do with all this 1 I have yet to learn, that there is any excuse or pretence, on which a man, who is convicted of battery and outrage, is let off by a jury. The laws act on a different principle. They have taken care, that even necessary excuses may not operate too powerfully. For instance I have been forced by the defendant to inquire into these matters there are actions for evil speaking : which lie (they tell me) on this account ; that bad words may not lead men to strike one another. Again, there are actions for bat- tery. These (I hear) lie for this reason ; that the weaker party in a quarrel may not defend himself with a stone or the like, but wait for legal redress. Again, there are indict- ments for wounding, that wounds may not lead to murder. The least of these evils, abusive language, is guarded against, I imagine, to prevent 'the last and most serious; that murder may not ensue, and men may not be led on by steps from wrangling to blows, from blows to wounds, from wounds to death ; but that every such offence may be punishable by law, and the decision not left to the passion or will of the party at the time. Such being the law, will you, because Conon says " we are a band of Priapi, and in our amours strike and break the necks of whom we please " will you laugh and let him off? I trust not. None of you would have laughed, if you had been present, when I was dragged and stripped and kicked, and carried to that home which I had left strong and well, and my mother rushed out, and the women set up such a crying and wailing (as if a man had died in the house) that some of the neighbours sent to ask what was the matter. It seems to me, men of Athens, you ought to allow no man, on any pretence, to commit an out- rage with impunity; but if any excuse is allowable, it should be confined to those whom youth leads astray, and even then AGAINST CONON. 175 it should extend, not to impunity, but only to mitigation of punishment. But when a man more than fifty years old, in company with younger men, and those his sons, so far from discouraging or preventing their crime, is himself the leader and the foremost and most wicked of all ; what punishment is sufficient for him? Death is too little, it seems to me. Suppose he had taken no part himself, but had stood by, while his son Ctesias was doing that which I proved him (the defendant) to have done ; even then he would have deserved your execration. For if he has trained his own sons so badly, that they are not afraid or ashamed in his presence to commit crimes for some of which the penalty is death, what punishment do you think is too severe for him ? I think it proves that he had no reverence for his own father. For, if he had feared and honoured his father, he would have exacted respect from his children. Now take the statute of outrage, and that concerning highway-robbers. You will see that he is amenable to both. Read them : [The laws.] To both these statutes the defendant Conon is amenable for his acts ; for he committed outrage and highway-robbery. And though I have not chosen to pursue the remedy which they give, that should be taken as a proof that I am a quiet and inoffensive man, not that he is less wicked. If anything had happened to me, he was chargeable with murder and the heaviest penalties of the law. Remember, the father of the priestess of Brauron, who was admitted not to have touched the deceased, because he instigated the person who did strike, was sentenced to exile by the Council of Areopagus. And justly. For if standers-by, instead of restraining, are to encourage those whom wine, anger, or any other cause impels to break the law, there is no chance of escape for a man who falls into the hands of ruffians : he must be beaten, until they are tired ; as was my case. I will now tell you what they did at the arbitration ; by which you will see the grossness of their conduct. They spun out the time till past midnight, not choosing to read the depositions, or to give copies ; taking every one of my witnesses to the altar, and swearing them ; and writing depo- 176 THE ORATIONS OF DEMOSTHENES. sitions which had nothing to do with the question ; or in- stance, " that this was a child of his by a mistress, and that he had been served in such and such a manner." Upon my word, men of Athens, every one present expressed his disgust at their behaviour; and at last they were disgusted with themselves. However, when they had had their fill and were tired of all this, they put in a challenge, (to trick us, and prevent the box being sealed,) tendering slaves, whose names they wrote down, to be examined as to the blows. And I believe most of their defence will turn upon this point. Now I beg you to consider, that, if these men gave the chal- lenge for the purpose of having the inquiry by torture, and if they relied upon this method of proof, they would not have given it when the award was on the point of being pro- nounced, at night time, and when no further pretext was left them ; but in the first instance, before the action was brought, when I was lying dangerously ill, and telling everybody that came to see me, who it was that gave the first blow and did me the greatest injury I say he would have come then directly to my house, and brought a number of witnesses ; he would have offered to deliver up his servants, and invited some of the Areopagic Council to attend ; for, if I had died, the matter would have come before them. Or, if he was not aware of the circumstances, and having this proof, as he will now say, took no precaution against the danger ; at all events, after I had recovered and summoned him, he would have tendered his slaves at the first meeting before the arbitrator. But he did no such thing. To prove that the challenge, as I say, was a trick, read this deposition : [The deposition.] Eespecting the torture, then, bear in mind the time when he proposed it ; his evasive purpose in doing so ; the first occasions, on which it appears he had no desire for such a test, and made no proposal or request for it. Being con- victed in every point before the arbitrator, as he now is before you, and shown to be guilty of all the charges made against him, he puts in a false deposition, headed with names which (I think) you will know, when you hear them " Diotimus son of Diotimus of Icaria, Archebiades son of Demoteles of Aleea, Chseretimus son of Charimenes of Pitthus, testify, that AGAINST CONON. 177 they were returning from a dinner with Conon, and found Ariston and the son of Conon fighting in the market-place, and that Conon did not strike Ariston" as if you would believe them at once, and not consider the real state of the cas e first, that Lysistratus, Paseas, Niceratus, and Diodorus, who have expressly declared they saw me beaten by Conon and stripped of my coat and otherwise brutally treated, and who were unknown to me, and accidentally witnessed the affray, would none of them have given false evidence, had they not seen the treatment I received j secondly, that I myself, if the defendant was innocent, should not have let off men who are confessed by my opponents themselves to have struck me, and selected one to proceed against, who never touched me at all. Why should I ? For what object 1 No. The man who struck me first and most spitefully used me, he it is whom I sue, and whom I soek to be avenged upon and bring to justice. Such is my case, a true and straight- forward one. The defendant, without these witnesses, had not a word to say, but must have given up the cause ; and they, his boon-companions and comrades in mischief, have, as might have been expected, given false testimony. If things are to go on so, and, the moment you find men shameless enough to give manifestly false evidence, truth is to be of no kind of use, it will be a terrible affair. Perhaps they will say this is not their character. I think however, that many of you know Diotimus and Archebiades, and Chseretimus the grey-headed man, who in the day time have a frown on their brows, and pretend to laconize, and wear coarse mantles and single-soled shoes, but, when they meet by themselves, stick at no kind of wickedness and turpitude. These are their fine and spirited sayings " Shan't we bear witness for one another? Doesn't it become friends and comrades? What will he bring against you that you're afraid of? Some men say they saw him beaten ? We'll say you never touched him. Stripped of his coat ? We'll say, they began. His lip was sewed up ? We'll say your head or something else was broken." Remember, men of Athens, I produce medical witnesses ; they do not ; for they can get no evidence against me, 'but what is furnished by them- selves. Heaven knows, they are ready enough themselves for anything. To show you the sort of things they go VOL. T. if 178 THE ORATIONS OF DEMOSTHENES. about doing read these depositions; and you, stop the water. [The depositions^ Men who break into houses and strike people that come in their way do you suppose they would scruple to bear false witness on a slip of paper for one another ? these men who are so closely leagued together in malignity and villany and recklessness and brutality ? for I think all these terms apply to their acts. Indeed they have committed graver offences than what you have heard : but it would be impossible for me to find out all the sufferers. The most impudent thing, which I hear they intend to do, I think it better to warn you of. They say he will have his sons before him and swear by them, imprecating some horrible curses, which a person, who heard them with astonishment, reported to me. Keally, men of Athens, such audacity is intolerable : for, I take it, the most honourable men, who would be shocked at telling a falsehood themselves, are most easily taken in by such people ; though indeed they ought not to believe them, without looking to their lives and cha- racter. But how reckless in these matters the defendant is, I must inform you ; for I have been forced to make inquiry. I am told, men of Athens, that a certain Bacchius, whom you condemned to death, and Aristocrates, who has the sore eyes, and some other persons of the same stamp, were intimate with Conon in their younger days, and got the name of Triballi ; and these persons used to devour the feast of Hecate, 1 and to gather up for their dinner the testicles of the pigs, which are used for purification on entering the assembly, and they thought nothing of taking oaths and com- mitting perjury. Surely Conon, a person of this description, is not to be believed on his oath. Such a thing is out of the question. A man who is reluctant to swear even to the truth, and would never dream of swearing by his children, contrary to the usages of our country, but would suffer any- thing first, although he is ready in a case of necessity to swear as the law directs, is more trustworthy than a man 1 " Nemo honestus et paulo religiosior ejusmodi dapes attingebat, quippe quse piaculares essent, sed solummodo aut pauperes eas tollebant,. aut Cynici, aut nemo." Keiske. AGAINST CONON. 1 who swears by his children and before the burning altar. I, who am on every account more worthy to be believed than you, Conon, offered to take this l oath ; not that I might escape the punishment due to my offence, not because I am ready (like you) to do anything, but for the sake of truth, and to avoid a further outrage, and in the spirit of a man who would not accomplish his objects by perjury. Read the challenge. [The challenge.] Such an oath was I then willing to take ; and now, men of Athens, to satisfy you and the bystanders, I swear by all the gods and goddesses, that Conon has really done me the wrong for which I sue him, that he gave me blows, that my lip was cut open, and that I was compelled to have it sewed up, and that I am prosecuting this action for the outrage which I have suffered. As I swear truly, so may I prosper, and never thus be injured again; if I am forsworn, may I utterly perish, I and all I possess or ever may possess ! But I am not forsworn ; though Conon should burst with calumny. I pray you then, O Athenians, as I have shown you all the grounds on which my case rests, and confirmed them by a solemn oath I pray you to feel on my behalf the same resentment against Conon, as any one of you would have felt in his own case. De not suppose you are unconcerned in an injury, which might be done to any other man ; but, who- soever be the sufferer, assist him, and give him redress ; and look with abhorrence on these persons, who are bold and reck- less before the commission of offences, and, when they are called to account, impudent and profligate, and who care not for character, appearance, or anything else, if they can only escape punishment. Conon will supplicate and weep. But consider, which is the more to be pitied ; a party who has suffered what I have from this man, if I leave court with dis- grace and without redress ; or Conon, if he is punished 1 Is it for your advantage to license battery and outrage, or is it 1 I.e. the oath which he now puts in evidence; the substance of which is contained in the challenge read to the jury. To prevent the defendant gaining any advantage by his own challenge, the plaintiff shows, that he had given a similar challenge to the defendant, and that it was refused. See vol. iii. page 383. N2 180 THE ORATIONS OF DEMOSTHENES. not ? I should think, not. Then remember, if you let him off. there will be many like him ; if you punish him, fewer. I might say a good deal, men of Athens, about the services which I have rendered, and which my father rendered during his lifetime in the trierarchy, in the army, and the per- formance of other state duties ; and I could show that the defendant and his sons have rendered no such service. But my allowance of water is not sufficient, nor are these the questions now. For granting that we were indisputably more base and worthless even than our opponents, surely we are not to be beaten or insulted. I am not aware that I need say anything more, as you seem fully to understand the case. THE ORATION AGAINST CALLICLES. THE ARGUMENT. THE plaintiff Callicles and the defendant were neighbouring farmers in a mountainous part of Attica. Their grounds were separated by a public road. Callicles brings this action for a nuisance committed by the defendant by the stoppage of a watercourse, which used (as he alleges) to carry the mountain drainage through the defendant's land ; but, having been dammed up and diverted into the road by the defendant, had overflowed his (the plaintiff's) land. The de- fendant, who addresses the court in the following speech, contends, that the natural bed of the stream was in the road, and not upon his land ; and that the wall or embankment which Callicles complained of was lawfully erected on his own boundary to protect it from in- undation. In proof of this he shows that his father had put up the inclosure fifteen years before his death, and neither the father of Callicles, nor Callicles himself, nor any of the neighbours, had attempted to interrupt him, or made any objection or complaint, either during his father's lifetime, or afterwards until the bringing of the present action. An inspection of the locality would show that the inclosed land was not a watercourse; for it was planted with vines, figs, and other fruit-trees; and it contained also a family burial-ground. The stream did not come to the defendant from a neighbour's land, nor did it pass from him to a neighbour's land ; it flowed down the road both above and below him ; therefore it was absurd to contend that it ought to be diverted from the road between those points. If the defendant, at the instance of Callicles, siiffered the stream to pass over his ground, he would be obliged to divert it into the road again, or else the neighbour below would have a right of action against him. Every adjacent land-owner had a right to AGAINST CALLICLES. 181 protect himself against the flood by a wall or embankment. Callicles himself had exercised this right ; only he had exceeded his lawful powers by encroaching on the road. The flood complained of by Cal- licles was a misfortune, by which others had suffered as well as he, but no one else had thought of going to law about it. The actual damage sustained by Callicles was very slight ; his real object in bringing this vexatious action was to drive the defendant out of the neighbour- hood, and get possession of his land, which he had been for some time plotting to do. MEN of Athens, there is (I am sure) no greater nuisance than a bad and covetous neighbour ; which it has been my lot to meet with. For Callicles, having set his heart upon my land, has worried me with litigation. First he got his cousin to claim it from me ; but I proved that claim to be false, and defeated their attempt ; then he procured two awards against me for non-appearance, one in an action at his own suit for a thousand drachms, the other in an action brought at his instigation by Callicrates, his brother, who is here in court. I beseech you all to hear me with attention, not because I am any speaker, but that you may learn by the facts, how groundless the action is. One fact alone, men of Athens, is an answer to all they say. My father built the wall round this land, almost before I was born, in the lifetime of Callippides, their father, and then his neighbour, (who surely knew the circumstances better than, they do,) and when Callicles was grown up and living at Athens. In all these years no one ever came to complain or object ; though of course it rained then as often as it does now. No one made any opposition at the time, on the pre- tence that he was injured by my father's fencing his own land ; no one even warned him not to build, or protested against it, although my father survived more than fifteen years, and Cal- lippides, their father, as many. Surely, Callicles, when you saw the watercourse stopped, you might have gone and com- plained to my father directly, and said, "Tisias, what are you about ? Stopping the watercourse ? Our land will be flooded." Then, if he had desisted, there would have been nothing unpleasant between you ; had he disregarded your remonstrance, and any mischief happened, those who were present at the interview would have been your wit- nesses. And you ought further to have satisfied all men of the existence of a watercourse, that you might have proved 182 THE ORATIONS OF DEMOSTHENES. my father to be a wrongdoer, not merely called him one, as you do now. But such a thing was never thought of. If it had been, you would not have got an award for non-appear- ance, as you have against me, nor have gained anything by your sharp practice ; for if you had brought a witness then, and appealed to his testimony, he would now have proved from his own knowledge all the circumstances of the case, and confuted these ready witnesses of yours. But I suppose, you despised a young and inexperienced person like me. Fortunately, men of Athens, their own acts are the strongest evidence against them ; for how comes it, they none of them ever protested or complained, or made the slightest objection, but submitted contentedly to the injury ? I think I have completely answered their case already; but I will go to the other points, and show you, men of Athens, still more clearly, that my father had a right to inclose the land, and these men's statements are false. The land is admitted by the plaintiff to be ours ; and this being so, if you could see the place, men of Athens, you would know at once there is no ground for this action. I wished, on this account, to refer the case to impartial men who knew the premises ; but my opponents were unwilling, though now they say otherwise. I will make it clear to you in a moment ; but pray, men of Athens, attend. Between their land and mine is a road. A mountain surrounds both, from which streams of water run down partly into the road, partly on the lands. And the water falling into the road sometimes, where it finds a clear pas- sage, is carried straight down the road, but, where it meets with any impediment, it then of necessity overflows upon the lands. It so happened, men of the jury, that the land in question was inundated after a flood. My father was not then the owner, but a town-bred man, who disliked the place. By his neglect, the water overflowed several times, damaged the land, and was making further inroad. My father, (as I learn from good authority,) seeing this, and also that the neighbours encroached and walked over his grounds, built this wall on the border. I have witnesses who speak to this of their own knowledge, and circumstantial evidence stronger than any testimony. Callicles says, I injure him by obstructing the watercourse ; but I will show that it is private AGAINST CALLICLES. 183 ground, and not a watercourse. If it were not admitted to be our property, perhaps we might have been trespassers by building on a public highway ; but this they don't dispute ; and there are trees planted on the ground, vines and figs. Who would plant them in a watercourse ? No one. Or who would bury his ancestors there ? No one, I guess. Yet both these things have been done, men of the jury. The trees were planted before my father built the wall ; and the tombs are old, and made before we had the property. This being so, vrhat stronger argument can there be, men of Athens ? The iacts are convincing. Take all the depositions, and read them. [Depositions.] Men of Athens, you hear the depositions. Do they not expressly say, that the ground is full of trees, and has some tombs, ani other things commonly found on private grounds ; and also that it was inclosed in the lifetime of their father, without any opposition from them or the other neighbours ? We must look, men of the jury, into the other statements of Callicles. And first consider, whether you ever saw or heard of a vatercourse by the side of a road= I believe, in the whole country there is none. For why should a man make a drain through his own land for water, that would pass through the public road ? Which of you, I ask, in town or country, would receive water that passes through the highway into his own house or farm ? On the contrary, do you not, when it forces its way, dam or fence it off 1 ? Yet the plaintiff requires me to receive the water out of the road upon my own land, and then, when it has passed beyond his, to turn it back into the road. But, if so, the next adjoining landowner complains ; and of course with the same right as the plaintiff. Again, if I am afraid of diverting the water into the road, I should hardly venture to turn it into a neighbour's land. For, when I am sued for a fixed penalty, because it overflowed the plaintiff's land from the road, what must I expect from those persons, who suffer by an inunda- tion from my grounds 1 Then if, having received the water, I may not drain it off either into the road, or into private ground, what, in heaven's name, am I to do, men of the jury 1 Surely Callicles won't force me to drink it up. 184 THE ORATIONS OF DEMOSTHENES. For these and other annoyances which they have inflicted on me, instead of receiving, I must be content with not giving, satisfaction. I allow, men of the jury, if there had been a watercourse immediately beyond me, I might have been wrong in stopping the water. There are on some estates acknowledged watercourses, which (like the gutter-drains from houses) the first landowners receive, then pass to the next, and so on. But this no one either transmits, or re- ceives from me. How then can it be a watercourse ? Many persons ere now, I take it, have (for want of care) suffered by an inundation ; and so has the plaintiff. But the worse of it is ; he, when his land is overflowed, brings up huge stones and makes a dam ; yet, because the same accident happened to my father's land and he inclosed it, it is a grievance, and Callicles brings an action against me. I can only say, if all persons who are injured by the flowing of water in that country are to sue me, I must have an immense increase of fortune to bear it. But these men are very different from the rest. These men have sustained no damage, as I will presently show you, while many of the others have been greatly injured ; and yet these alone have ventured to sue me. They had indeed less cause than any; /or whatever they have suffered has been through their own fault, although they shift the blame vexatiously on me ; while the rest, however negligent they may have been, are at all events chargeable with nothing of this kind. But, that I may not crowd too many things together, take the depositions of the neighbours. [Depositions.] Is it not shameful, men of the jury, that, while no com- plaint is made by these persons, who have been so much injured, or by any of the other sufferers, but they all submit to misfortune, the plaintiff gets up a vexatious action against me? That he has himself committed an offence, first, in narrowing the road, by bringing his wall beyond the boundary, in order to get his trees within the road and secondly, in throwing rubbish into it, by which it has been both narrowed and raised I will presently prove by wit- nesses. But I wish now to show you, that, though he sues me for so high a penalty, he has sustained no loss or damage worth mentioning. AGAINST CALLICLES. 185 Before these malicious proceedings, their mother and mine were acquainted, and visited each other, as you might expect they would, being country neighbours, and their husbands being acquainted when alive. My mother having called upon theirs, she told her the distress she was in, and showed what had happened. Thus I learned the story. And I will tell you what my mother said, men of the jury : so may I pros- per, as I speak the truth. She told me what she saw and heard from their mother ; that some barley got wet, about four bushels, which she saw being dried ; and less than a bushel of barley-meal ; and a jar of oil, she said, had fallen down, but was not at all damaged. Such, men of the jury, is this accident, for which I am sued for a fixed penalty of a thousand drachms. They can hardly charge me with the building up of an old wall, which neither fell down nor was injured. Admitting therefore that I was the cause of the whole misfortune, these are the things that got wet ! How- ever, as my father had a right to inclose his land, and these men for so long a time never complained, and others, who have been great sufferers, lay no blame on me, and it is the common practice with you all, to drain water from your houses and grounds into the road, not to take it in from the road; what need of further argument? These facts show that the charge against me is groundless, and they are not damaged as they allege. To prove that they threw the rubbish into the road, and narrowed it by advancing their wall, and also that I tendered an oath to their mother, and challenged them to let mine swear the same ; take the depo- sitions and the challenge. [The depositions. The challenge.'] Can you conceive a more impudent set of pettifoggers? Having pushed forward their own wall, and raised the road, they sue other persons, and for a penalty of a thousand drachms, when their loss amounts not to fifty ! Consider, men of the jury, how many persons in the country have suf- fered by floods, at Eleusis and elsewhere. Heaven and earth ! They never dream of recovering the damage from their neigh- bours. And I, who have cause to complain of the road being narrowed and raised, remain quiet; but these men, you see, are so audacious as to harass with law the persons they have 186 THE ORATIONS OP DEMOSTHENES. injured. Surely, Callicles, if you may inclose your land, we may ours. If my father by inclosing injured you, you like- wise injure me by inclosing now. For it is clear that, if the water be obstructed by large stones, it will corne back to my land, and may by a sudden inroad throw down the wall. However, I blame not the plaintiff for that, but submit to the misfortune, and shall endeavour to protect my own property. I think that he acts prudently in fencing his ground ; but, in going to law with me, I hold him to be thoroughly wicked and infatuated. Be not surprised, men of the jury, at the eagerness of the plaintiff, or his daring to bring a false charge now. For before, when he persuaded his cousin to claim my land, he produced a forged agreement. And now he has himself ob- tained an award against me for non-appearance in another similar action, in which he made Callarus, one of my slaves, defendant. For, among other tricks, they have hit upon this device : they bring the same action against Callarus. Now what servant would inclose his master's laud without orders ? Having no other charge against Callarus, they sue him on account of the wall, which my father built above fifteen years before his death. And, if I will let them have my land by purchase or exchange, Callarus does no wrong ; but if I don't choose to part with my own, Callarus has deeply injured them, and they look out for an arbitrator to adjudge the estate to them, or some compromise by which they may obtain it. Men of the jury, if designing knaves and petti- foggers are to have their way, I might as well have held my tongue; but if you detest people of that sort, and decide according to justice, then, as Callicles has suffered no loss or injury, either from Callarus or my father, I have said enough already. To prove to you, that he got his cousin to aid him in his design against my estate, and has now himself procured an award in this other action against Callarus, to spite me because I set a value upon the man, and has brought a second action also against Callarus j the clerk shall read the depositions. [Depositions.] I implore you, men of the jury, do not leave me to the mercy of these persons, when I have done no wrong. I care AGAINST DIONYSODORUS. 187 not so much for the penalty, hard as that is on a man of small fortune ; but they are driving me altogether out of the township by their calumny and persecution. To prove that I had done no wrong, I was willing to refer the matter to fair and impartial men, who knew the circumstances ; and also to swear the customary oath ; for that, I thought, would be most convincing to you, who are yourselves upon oath. Please to take the challenge and the remaining depositions. \TJie challenge. The depositions.] THE ORATION AGAINST DIONYSODOKUS. THE ARGUMENT. DARIUS and Pamphilus lent 3,000 drachms to Parmeniscus and Diony- sodorus on a ship, which was to sail from Athens to Egypt and bring home a cargo of corn. Upon its safe arrival in the port of Piraeus the principal and interest were to be repaid. There was an express stipulation, that the vessel was not to discharge her cargo at any in- termediate port, which indeed was contrary to the Athenian law; and for a breach of the agreement the borrowers bound themselves to pay a penalty of double the amount. Parmeniscus went out with the ship to Egypt, purchased corn, and brought it on his way home as far as Rhodes ; but there receiving a message from his partner, that ths price of corn at Athens had fallen, owing to a large importation from Sicily, he sold his cargo in Rhodes, and continued for two years to carry on trade, going from Rhodes to Egypt and back, but never coming to Athens pursuant to his agree- ment with Darius and Pamphilus. Darius then applies to Dionyso- dorus, who had remained at Athens, reminds him of his liability, and demands payment of what was due under the agreement. Dionyso- dorus offers to pay the principal with interest calculated as far as Rhodes, alleging that the ship had been too much damaged on her voyage to proceed to Athens, that the other creditors had been con- tented to take interest to Rhodes only, and that by the terms of their contract the lenders were not entitled to recover anything unless the vessel came safe to the port of Piraeus. To this Darius replied, that he had nothing to do with any arrangement entered into with other creditors; that it was manifest the ship had suffered no serious damage, or she would not have been employed again in trading between Rhodes and Egypt; and, with respect to the clause ex- onerating the borrowers in case the ship did not come safe to Piraeus, that only applied in the event of a total loss, and not to a failure to return by the fraud or neglect of the borrower himself. If the ship 188 THE ORATIONS OF DEMOSTHENES. were really lost, what dicl they mean by offering interest as far as Khodes ? They were liable to pay the whole or nothing. These arguments did not convince Dionysodorus, or at least did not induce him to change his mind. A proposal was made by Darius to refer the dispute to the arbitration of commercial men; but, this being rejected, the present action was brought to enforce the per- formance of the contract. Darius, whose name appears only from the argument of Libanius, addresses the court in the following speech written for him by Demosthenes ; and at the close of it calls upon Demosthenes himself to come forward as his advocate ; a thing which was not so usual in private causes. I AM a partner in this loan, men of the jury. We who have engaged in maritime trade, and put our money in the hands of other people, know very well, that the borrower has the advantage over us in every respect. He receives our hard cash without any mistake, and leaves us a bit of writing and a small scrap of paper that cost two farthings, containing his covenant to do what is right. We do not promise to advance our money, but advance it to the borrower immediately. On what then do we rely, and what security do we get when we part with our money 1 We rely on you, men of the jury, and on your laws, which declare that whatever agreement a man enters into voluntarily with another shall be valid. It seems to me however, that neither laws nor agreements are of any use, if 'a person who receives money is not honest in his prin- ciples, and does not either fear you or respect the rights of the lender. Dionysodorus the defendant does neither of these, but'iias arrived at such a pitch of audacity, that after bor- rowing three thousand drachms from us upon his ship, on the condition that his ship should return to Athens, and when we ought to have got back our money in the season of last year, he earned his ship to Rhodes, unladed his cargo there and sold it in violation of the agreement and of your laws ; from Rhodes again he despatched the ship to Egypt, and from thence to Rhodes, and even to this day he has never paid us who lent him our money at Athens, or produced to us our security ; he has now for two years been making use of our funds, keeping the loan and the trade and the ship that was mortgaged to us, and notwithstanding this he has come into court, with the intention, I presume, of mulcting us with the sixth part of the damages, and putting us in the lodging, besides cheating us out of our money. I therefore, men of AGAINST DIONYSODORUS. 189 Athens, beseech and implore you all to give me redress, if you think I have been wronged. Let me first explain to you how the loan was contracted : that will best enable you to follow the case. This Dionysodorus, men of Athens, and his partner Par- meniscus came to us last year in the month of Metageitnion, and said they wanted to borrow money on their ship, on the terms that she should sail to Egypt and from Egypt to Rhodes or Athens, and they engaged to pay interest to either of those ports, as the case might be. We replied, men of the jury, that we would not lend to any other port than to Athens, and so they agree to return here, and these terms being ar- ranged, they borrow three thousand drachms from us upon the ship, on the voyage out and home, and entered into a written agreement to that effect. In the agreement Pam- philus, who is here in court, was set down as the lender : I however, though not named, lent the money jointly with him. And first he shall read you the agreement. [TJie agreement.] In pursuance of this agreement, men of the jury, Diony- sodorus the defendant and his partner Parmeniscus sent off the ship from Athens to Egypt. And Parmeniscus sailed with the ship ; Dionysodorus stayed at Athens. For you must know, men of the jury, these men were agents and con- federates of Cleomenes, the governor of Egypt, who, from the time that he received the government, has done immense mischief to your state, and still more to the rest of the Greeks, by buying up corn for resale and keeping it at his own price ; 1 and these men have been acting in league with him. It was done in this way. Some of them shipped off cargoes from Egypt, while others went out in the trading vessels, and others stayed at Athens and disposed of the consignments. Then those who stayed here sent letters to those abroad advising them of the state of the market, so that, if corn were dear with you, they might bring it here ; if it became cheaper, they might sail to some other port. It was chiefly owing to such letters and confederacies, men of the jury, that the price of corn was raised. Well ; when 1 Pabst " er Getreide zum Wucher aufkaufte, und wieder verkaufte, und so den Preis desselben willkuhrlich bestimmte." 190 THE ORATIONS OP DEMOSTHENES. these men sent off this ship from Athens, they left the price of corn pretty high ; and therefore they submitted to the clause in the agreement, binding them to sail to Athens and to no other port. Afterwards however, men of the jury, when the Sicilian vessels had arrived, and the prices of corn were falling, and their ship had got to Egypt, the defendant instantly despatches a person to Rhodes to inform his partner Parrneniscus of the state of things here, knowing perfectly well that his ship would be obliged to touch at Rhodes. The, result was that Parmeniscus, the defendant's partner, having received his letter of advice, and learned the state of the corn-market at Athens, unships his corn at Rhodes and sells it there ; and thus, men of the jury, they acted in de- fiance of the agreement, and of the penalty to which they had bound themselves in case of any breach of the agree- ment, and in defiance also of your laws, which require ship- owners and merchants to sail to the port which they have agreed to, and subject them, in default of their so doing, to the severest punishments. As soon as we were informed of what had taken place, we were not a little amazed ; we went to this man, who was the architect of the whole plot, and signified (as was natural) our displeasure at his conduct, complaining that, when we had expressly provided in the agreement that the ship should sail to no port but Athens, and we had lent our money upon such condition, he had exposed us to suspicion with persons who might choose to accuse us and say that we had been parties to the importation of corn to Rhodes, and complaining also that he and his partner, in spite of their agreement, had not brought their ship home to your port. Finding that we gained nothing by talking to him about the agreement and our rights, we desired him at all events to pay us our prin- cipal with the interest originally promised. The defendant treated us with the utmost insolence : he said he would not pay the interest reserved in the agreement ; " but " said he " if you are willing to be paid in proportion to the voyage performed, I will give you" says he "the interest to Rhodes ; but I cannot give any more." Thus did he make law for himself, instead of complying with the terms of the agreement. We refused to accept his proposal, considering that, if we did so, it would be an admission that we had been AGAINST DIONYSODOEUS. 191 concerned in the importation of com to Rhodes. Upon this he became still more pressing, and he came to us with a number of witnesses, and said that he was ready to pay us the principal money and the interest as far as Rhodes ; not that he meant to pay us any the more for that, men of the jury, but thinking that we should be unwilling to receive the money on account of the suspicion which it would give rise to. 1 This appeared from the result. Some of your fellow- citizens, men of Athens, who were accidentally present, advised us to accept what was offered, and go to law for what was in dispute, but not to acknowledge the taking of interest to Rhodes, until after the case had been tried. We assented to this suggestion, not that we were ignorant, men of the jury, of our rights under the agreement, but because we deemed it better to lose something and make a concession, so as not to appear litigious. When the defendant however saw that we were closing with his offer " Cancel 2 the agreement then " says he. " We cancel the agreement ! Nothing of the kind. Whatever money you pay, we will consent in the banker's presence to annul the agreement as to that ; but we will not cancel it altogether, until we have tried the question in dispute. For what ground shall we have to rely upon in a contest at law, whether we are to go before an arbitrator or a jury, if we cancel the agreement, which furnishes the means for recovering our rights'?" To this effect we spoke, men of the jury; we pressed upon Dionysodorus, that he should not seek to annul or disturb the agreement, which both he and his partner admitted to be valid, but should pay us so much of the money as he admitted to be due, and leave the disputed claim, the amount of which was certain, to be decided by one or more commercial men, as he liked best. To nothing of the kind would Dionysodorus hearken ; but, because we did not choose to cancel the agreement altogether and take what he required us, he has been for two years re- taining and making use of our capital ; and what is the most shameful thing of all, men of the jury, he himself gets 1 Pabst " wegen der angegebenen Griinde." 2 Literally " take up : " i. e. out of the hands of the depositary, who held it for both parties so long as it remained in force. The " taking up " would be equivalent to a cancelling or acknowledgment of satis- faction with us. 192 THE ORATIONS OF DEMOSTHENES. maritime interest from other people out of our money, which he lends not at Athens or to Athens, but to Rhodes and Egypt, while to us, who lent money to your port, he refuses to pay anything that is due. To prove the truth of my statements, he shall read you the challenge which I gave him in this matter. [The challenge.] We gave this challenge, men of the j ury, to Dionysodorus repeatedly, and exposed the challenge to view for many days. He said we must be downright simpletons if we supposed him to be so thoughtless as to go before an arbritator, who (it was evident) would condemn him to pay the debt, when he might go into court with the money in his purse, and, if he was able to humbug the jurors, he might go away with another per- son's money, if not, he would pay it then instead of paying it sooner. He talked in this style like a person who had no reliance upon justice, but wished to try what sort of people you were. You have heard, men of the jury, what Dionysodorus has done. During the recital of these facts you must have been wondering, I take it, at his audacity, and what he could pos- sibly have relied upon in coming to court. Audacity it is indeed, when a man, having borrowed money from the port of Athens, and having made an express agreement that his ship shall return to your port, or else that he will pay double the amount, neither has brought his ship home to the Pirseus, nor pays the lenders their money ; and when he has landed his cargo at Rhodes and sold it there, and notwithstanding all these acts he dares to look you in the face ! Now hear what he has to say to this. He says that his ship was dis- abled on her voyage from Egypt, and that he was therefore compelled both to touch at Rhodes and to unlade his corn there. And for proof he alleges, that he chartered vessels from Rhodes and shipped off some of his goods to Athens. That is one part of his defence. Another is this He says that certain other creditors have consented at his request to take interest as far as Rhodes, and it would be hard if we did not consent to the same terms as they did. Thirdly again he says, that the agreement binds him to pay the money if the ship arrives safe, and that the ship has not arrived safe in AGAINST DIONYSODORUS. 193 Pirseus. To each of these pleas, men of the jury, hear my just reply. In the first place, -when he says that the ship was disabled, ! I think his falsehood is apparent to you all. For, if the ship had really sustained this disaster, it would neither have got safe to Rhodes nor have been fit for sea afterwards. She appears however to have got safe to Khodes, and again to have been despatched from Rhodes to Egypt, and at this very time she is sailing everywhere except to Athens. Is it not monstrous that, when he has to bring the ship home to the Athenian port, he says she was disabled, but, when he wants to unlade his corn at Rhodes, then the same ship appears to be seaworthy ? "Why then" he asks "did I hire other vessels and tranship my cargo and send it off to Athens'?" Because, Athenians, the defendant and his partner were not owners of the whole cargo, but the merchants who went out were obliged, I presume, to send their goods to Athens in other vessels, when these men put an end to the voyage before the ship had reached her destination. Of those goods however which belonged to themselves they did not ship the whole to Athens, but selected such as had risen in price. For, when you hired other vessels as you say, why, instead of transhipping the whole cargo, did you leave the corn in Rhodes ? They did so, men of the jury, because it was for their advantage to sell the corn in Rhodes ; for they heard that the price of corn had fallen here ; but they shipped off to you the other goods, from which they expected to get a profit. Therefore, Diony- sodorus, when you talk of the hiring of the vessels, you give no proof of your ship having been disabled, but only that it was to your own advantage. Upon these points I have said enough. With respect to the creditors who, they say, have consented to receive from them the interest to Rhodes, we have nothing to do with that. If any man has forgiven you any part of a debt, he that you have made terms with has sustained no wrong. We however have not remitted anything to you, nor consented to your touching at Rhodes. We consider the agreement to be in force, anything to the contrary notwithstanding. What says the agreement, and where does it require you to sail ? From Athens to Egypt and from Egypt to Athens ; in de- VOL. v. o 194 THE ORATIONS OP DEMOSTHENES. fault of so doing, it binds you to pay double the amount. If you have performed this condition, you have done no wrong; if you have not performed it, and not brought your ship back to Athens, you are liable to the penalty in the agreement ; for this is an obligation imposed on you, not by any other person, but by yourself. Show then to the jury one of two things, either that the agreement is not valid, or that you are not bound to do everything in accordance with it. If certain persons have excused you anything, and consented for some reason or other to take interest as far as Rhodes, does that exempt you from liability to us, with whom you have com- mitted a breach of your agreement, in landing at Rhodes 1 I should hardly think so. The jury are not now deciding upon terms consented to by others, but upon a contract entered into by you yourself with us. It is plain indeed to all of you, that even the remission of the interest, supposing it to have taken place, as these men say, has been to the advantage of the creditors. For those who lent their money to these men on the outward voyage from Egypt to Athens, when they arrived at Rhodes, and these men put into that port, could be no losers, I imagine, by remitting further interest, and re- ceiving their money in Rhodes, and then employing it again in a run to Egypt. On the contrary, it was much more pro- fitable to them than commencing a new voyage to Athens. For the passage to Egypt is speedy, and they had the oppor- tunity of trading twice or three times with the same money ; whereas they must have passed the winter here, and waited for the season of navigation. The other creditors therefore have been gainers, and have not remitted anything to these men : with us however it is not a question only of the interest ; for we are not able to recover even our principal. Don't listen then to this man, when he attempts to cajole you, and cites his transactions with other creditors as examples for us; but refer him to the agreement, and to the rights which spring out of the agreement. I have yet to show you how this matter stands, and the defendant relies upon the same thing, saying that the agreement only requires him to pay the debt if the ship arrives safe. I likewise say that this should be so. But I would be glad to ask you yourself, Dionysodorus, whether you are speaking of the ship as having been lost, or as having arrived safe. If the ship has been AGAINST DIONYSODORUS. 195 wrecked and lost, why do you dispute about the interest, and ask us to receive interest to Rhodes I For in that case we are not entitled to get either interest or principal. But, if the ship is safe and not lost, why do you not pay us the money which you agreed to pay 1 From what, men of Athens, can it be most clearly ascertained that the ship has arrived safe? Mainly, from the very fact that she is out at sea, and not less clearly from the statements of these men themselves. For they ask us to receive payment of the principal and a portion of the interest, implying that the ship has arrived safe, but not performed her whole voyage. Consider, men of Athens, whether we are acting according to the terms of the contract, or whether our opponents are, who, instead of sailing to the port agreed upon, have sailed to Rhodes and Egypt, and who, when the ship has been saved and not lost, expect to get an abatement of the interest, notwithstanding that they have broken their agreement, and have themselves made a large profit by their carriage of corn to Rhodes, while they have been keeping and making use of our money for two years. The proceeding is indeed most strange. They offer to pay us our principal, as if the ship had arrived safe, but propose to deprive us of the interest, as if she had been lost. The agreement however does not say one thing about the interest of the loan, and another about the principal, but our rights and means of recovery are the same for both. Please to read the agreement again. THE AGREEMENT. "From Athens to Egypt and from Egypt to Athens." You hear, men of Athens. It says "from Athens to Egypt and from Egypt to Athens." Read the remainder. THE AGREEMENT. " If the ship arrives safe in Piraeus." Men of the jury, it is a very easy thing for you to give judgment in this cause, and there is no need of many words. That the ship has been saved and is safe, is admitted by our opponents themselves; for otherwise they would not have offered to pay the principal debt and a portion of the interest. She has not been brought back to Piraeus. Therefore we the creditors say we have been wronged, and for this we sue, o 2 196 THE ORATIONS OF DEMOSTHENES. because the ship did not return to the port agreed on. Dionysodorus says he has done no wrong on this very account, because he is not bound to pay the whole interest, as the ship did not return to Piraeus. But what says the agreement ? Nothing like what you say, Dionysodorus. The agreement declares that, if you do not pay back the money lent with interest, or if you do not deliver up the security entire, or if you violate the agreement in any other respect, you shall be liable to pay double the amount. Bead me that clause of the agreement. THE AGREEMENT. " And if they do not deliver up the security entire, or if they do anything contrary to the agreement, they shall be bound to pay double the amount." Have you ever delivered up the ship from the time that you received the money from us, acknowledging as you do yourself that she is safe 1 Or have you ever from that time returned to the Athenian port, the agreement expressly de- claring that you shall bring back your ship to Piraeus and deliver her up to the creditors ? For again, men of Athens, observe the extravagance of his statement. The ship was disabled, as he says, and on that account he took her into the port of Rhodes. "Well ; after that she was repaired, and became fit for sea. How comes it then, my good friend, that you sent her off to Egypt and other ports, but to this very day have not sent her to Athens to us your creditors, to whom the agreement requires you to deliver the ship entire, although we requested and challenged you to do so repeatedly 1 The fact is, you are so courageous, or rather so impudent, that, although by the agreement you are liable to pay us double the amount, you do not choose to pay even the accruing interest, but command us to accept interest to Ehodes, as if your command ought to be of more force than the agree- ment ; and you dare to say that the ship did not arrive safe at Piraeus ; for which, if you had your deserts, you would be sentenced to death by the jurors. For whose fault is it, men of the jury, that the ship has not come safe to Piraeus ? Are we to blame, who lent our money expressly on a voyage to Egypt and to Athens, or Dionysodorus and his partner, who, having borrowed upon these terms, that the ship AGAINST DIONYSODORUS. 197 should return to Athens, took the ship to Rhodes notwith- standing ? That they did this voluntarily and not of necessity, is clear from many circumstances. For, if the occurrence was really involuntary and the ship was disabled, surely, after they had repaired the ship, they would not have let her for a voyage to other ports, but would have sent her off to Athens, and made amends for the involuntary accident. As it is, how- ever, instead of making amends, they have greatly aggravated their original offence, and have come here to defend this action in a spirit of mockery, as if it would be at their own option, in case of a verdict against them, to pay only the principal and interest. I trust that you, men of Athens, will not allow people of this description to have their own way ; that you will not let them ride on two anchors, in the hope that, if they succeed, they shall keep the property of others, and, if they are not able to impose on you, they will but pay the bare amount of their debts. No; condemn them to pay the penalty under the agreement : for it would be shameful, when these men have bound themselves in a penalty of double the amount, in case they commit any breach of their contract, that you should be more lenient to them ; especially when the injury affects you no less than it affects us. The facts of the case are thus brief and easy to be re- membered. We lent to this Dionysodorus and his partner three thousand drachms on a voyage from Athens to Egypt and back ; we have not received payment either of principal or interest ; they have kept possession and had the use of our money for two years ; they have not even to this day brought home their ship to your port or delivered it to us. The agreement declares that, if they do not deliver to us the ship, they shall pay double the amount, and that the debt may be recovered from either one or both of them. These are the grounds upon which we have come into court, seek- ing to recover our money through your assistance, as we cannot get it from these men themselves. Such is our case, men of the jury. Our adversaries, while they confess that they borrowed the money and have not paid it, contend that they are not bound to pay the interest mentioned in the agreement, but only that to Rhodes, which neither was con- tracted for nor has been consented to by us. Perhaps, men 198 THE ORATIONS OP DEMOSTHENES. of Athens, if we were trying the case in a Rhodian court, these men might have got the better of us, by reason of their having carried corn to the Rhodians and having sailed to their port. As, however, we are before an Athenian tribunal, and have entered into an agreement for a voyage to your port, we hardly expect that you will give the advantage to persons who have wronged you as well as ourselves. And besides, men of Athens, do not forget that, though you are sitting in judgment only upon one cause, you are making law for the whole port of Athens ; and a large number of commercial people are standing by, to see how you decide this question. For if you hold that contracts and mutual engagements ought to be enforced, and treat with rigour those who violate them, the lenders of money will be more ready to part with what they have, and by that means the trade of your port will be increased. But if ship-owners, after entering into written contracts to sail to Athens, shall be at liberty to carry the ship to other ports under the plea that she has been disabled, and under any other such pretence as these which Dionysodorus sets up, and to apportion the interest according to the length of the voyage which they say they have performed, instead of paying it according to the terms of their agreement, there will be nothing to prevent all contracts of loan being dissolved. For who will like to part with his money, when he sees that written agreements are of no force, while effect is given to pleas like the present, and the excuses of wrong-doers prevail over right and justice? Never allow such a thing, men of the jury ! It is not expe- dient either for the mass of the people or for the mercantile class, who are a most useful body of men both to the public at large and to those who have dealings with them, and there- fore you ought to be careful of their interests. I have said all that lay in my power, and I now call upon one of my friends to speak in my behalf. Come forward, Demosthenes. AGAINST EUBULIDE8. THE ORATION AGAINST EUBULIDES. THE ARGUMENT. EUXITHEUS, the speaker, appeals from the judgment of the townsmen of Halimus, who, on a revision of their civic register, had struck his name out of the list, and thereby degraded him from his rank as an Athenian citizen. Eubulides, his nominal opponent, was the demarch, or prefect of the township ; who had presided at the revision, and on whom devolved the duty of supporting the judgment on appeal. The subject of this oration is so fully explained in the first appendix to volume iv, that little requires to be said here. The question at issue is, whether Euxitheus was by birth a citizen of Athens. The proof of the affirmative lay on him; and accordingly he produces the testimony of his relations, and also members of his township, clan, and family, and a variety of circumstantial proofs, to establish the legitimacy of his birth and the citizenship of both his parents. There had been a prejudice against him, because his father spoke with a foreign accent or dialect, and because his mother had been a nurse and sold ribbons in the market. His father spoke a less pure Attic, owing to his having been taken prisoner in war, and having lived for many years abroad. On his return to Athens he had been received by his friends and restored to his rights without any opposi- tion. His mother's mean occupation was the consequence of poverty, and afforded no proof of her being an alien. A cabal however had been got up against him in the township, partly on these grounds, and partly from other causes, which had made him personally un- popular. Eubulides, in particular, had been stimulated by malicious motives to procure his expulsion, and had adopted the most nefarious means to accomplish that object. As the result of the trial was a matter of the greatest importance to the appellant, (for, if the verdict went against him, he would have to be sold for a slave,) he makes every exertion to establish his case, to deprecate prejudice, and to excite the favourable sympathies of the jury. He concludes with a declaration that, in the event of an adverse verdict, he shall commit suicide, to ensure at least a burial by his relations in his own country. As Eubulides has made many false charges against me, and uttered calumnies which are neither becoming nor just, I shall endeavour to show you, men of the jury, by a fair state- ment of the truth, both that I. am entitled to the civic fran- 200 THE OEATIONS OP DEMOSTHENES. chise, and that I have been shamefully treated by this man. I pray you all, men of the jury, I entreat and implore you, that, considering the great importance of the present trial and the disgrace and ruin which attend conviction, you will hear me, as you have heard my opponent, in silence ; that you will listen to me, if possible, with more favour than to him, (for you ought to be more favourable to those who stand in peril,) but, at all events, with equal favour. With respect to you, men of the jury, and with respect to my right of citizenship, I am hopeful and confident of suc- cess ; what alarms me is the occasion, and the strong feeling which incites the people to strike names off the register : for many have with justice been expelled from all the townships; we who have been the victims of cabals suffer by this pre- judice; we have to repel the charges made out against others rather than those which affect ourselves, and therefore we cannot help being in great alarm. Notwithstanding this disadvantage, however, I shall pro- ceed at once to declare to you what I consider to be the correct view even upon this part of the question. T think you ought to deal severely with persons proved to be aliens, if they have clandestinely and intrusively partaken of your civil and religious rights, without having obtained or peti- tioned for your consent : on the other hand, you ought to succour and to rescue those who have been unfortunate, and who prove themselves to be citizens ; for you should consider how extremely hard our case will be, when, though we ought to be seeking redress as well as yourselves, we are placed in the rank of punishable offenders, and suffer in common with others on account of your auger at the thing itself. I should have thought, men of the jury, that it became Eubulides, and indeed all who appear as accusers in support of a vote of exclusion, to state only what they know for cer- tain, and not to bring up hearsay on a trial of this kind. Such a course has ever been deemed the height of injustice, insomuch that the laws do not even allow hearsay evidence, not even upon trifling charges ; and this is reasonable ; for, when people pretending to knowledge of facts have ere now been proved guilty of falsehood, what credence can be given to statements not within the speaker's own knowledge ? And when no man is allowed, even where he makes himself AGAINST EUBULIDBS. 201 responsible, to damage another by evidence which he says he has heard, how can it be right for you to believe a person who speaks without responsibility ? Since my opponent, not- withstanding his acquaintance with the laws, has taken every unfair advantage in the conduct of this prosecution, it is necessary that I should begin by explaining to you the out- rageous manner in which I was treated among my fellow- townsmen. I entreat you, men of Athens, not to be pre- judiced against me, and not to regard my expulsion by the townsmen as a proof that I am not entitled to the franchise. Had you assumed that the townsmen would be able to do perfect justice, you would not have allowed the appeal to yourselves. As it is, you supposed that something of this sort might occur through jealousy, or through envy or hatred, or on other pretences, and therefore you gave to injured parties a recourse to your tribunal, through which, men of Athens, you have happily saved all those who have suffered injustice. First then I will explain to you the manner in which the division took place at the meeting of townsmen ; for I consider it is speaking relevantly to the issue, to show what one has suffered contrary to the decree through the oppression of a cabal. This Eubulides, men of Athens, as many of you are aware, indicted the sister of Laceds&monius for impiety, and did not get a fifth part of the votes. Because upon that trial I gave evidence unfavourable to him, but in accordance with truth, he became my enemy and commenced a persecution of me. And being a member of the council, men of the jury, and having authority to administer the oath, and having the custody of the documents, out of which he called up the townsmen, what does he do 1 in the first place, when the townsmen had assembled, he wasted the day in making speeches and drawing up resolutions. This was not done by accident, but in furtherance of his design against me, that the division in my case might take place as late in the day as possible ; and he accomplished this. We of the townsmen who took the oath were seventy-three in number, and we began to divide late in the evening, so that, when my name was called on, it was dark, for my name was the sixtieth in the list, and I was the last of those who were called on that day, when the elder members of the township had gone home 202 THE ORATIONS OF DEMOSTHENES. to the country; for our district, men of the jury, is five and thirty furlongs from the city, and, as most of the members reside there, the majority of them had gone home ; those that remained were not more than thirty, and among them were all the persons whose aid Eubulides had secured. When my name was called, Eubulides jumped up, and poured out a volley of abuse against me, speaking rapidly and with a loud voice, as he did just now. He produced no witness in sup- port of his charges, either from the township or from the general body of the Athenians, but exhorted the townsmen to pass a vote of expulsion. I asked for an adjournment till the following day, on account of the lateness of the hour, and because I had no one there on my behalf, and the thing had come suddenly upon me; and that Eubulides also might have the advantage of preferring any charge that he pleased, and producing any witnesses that he had, and I might be enabled to make my defence before all the townsmen, and produce my relations as witnesses ; and I offered to abide by whatever decision they should pronounce in my case. Eubulides however paid no regard to my proposal, but instantly proceeded to take the votes of the townsmen who were present, without either allowing me to make any defence, or giving any definite proof of his charges. The persons who were combined with him jumped up and gave their votes. It was dark ; and they received two or three ballot balls each from Eubulides, and put them into the box ; of this there is clear proof for the voters were not more than thirty in num- ber, and the ballot balls, when counted, were more than sixty, so that we were all astounded. To prove the truth of my statements that the votes were not taken when all were present, and that there were more ballot balls than voters I will call witnesses before you. It so happens that I have neither friend of my own nor any other Athenian to be my witness in this matter, because of the lateness of the hour, and because I did not ask any one to attend; but I am obliged to resort to the evidence of those who have injured me, I have drawn up such state- ments for them as they will not be able to deny. Head. \The deposition.] I allow, men of the jury, that, if the Halimusians had divided upon every case that day, it would have been reason- AGAINST EUBULIDES. 203 able to go on balloting to a late hour, that they might per- form your decree and go about their business. But when there were more than twenty 1 townsmen left, upon whose cases they had to divide on the following day, and the towns- men were obliged anyhow to meet again, what difficulty was there for Eubulides to adjourn to the following day, and take the votes of the townsmen in my case first 1 The reason, men of the jury, was this. Eubulides well knew that, if a hearing were allowed me, and if all the townsmen were present, and if the votes were rightly taken, the party leagued with him would be nowhere. How these people came to be leagued against me, I will tell you, if you like to hear it, after I have given an account of my birth. In the meantime what do I consider just, and what am I prepared to do, men of the jury? To show you that I am an Athenian both on the father's and the mother's side, to prove this by the evidence of witnesses whose veracity you will not doubt, and to overthrow the charges and calum- nies of my opponents. This is the proper course for me to take. It will be for you, when you have heard my case, if you think that I am a citizen, and have been the victim of a cabal, to deliver me ; if you arrive at a different conclusion, to act as in good conscience you are bound. And now to begin. They have maliciously asserted, that my father spoke a foreign dialect. 2 That he was taken prisoner by the enemy about the time of the Decelean war, that he was sold for a slave and carried to Leucas, that there he fell in with Oleander the actor, and was ransomed and brought home to his rela- tions after an absence of many years this they have omitted to mention, but have reproached him with his foreign dialect, 1 Eeiske and Auger pronounce this to be inconsistent with what the speaker has said before, (page 1302. 1. orig.) showing (as they suppose) that thirteen cases only, and not twenty, remained. This however is not so. The seventy-three persona present on the first day did not comprise all the townsmen of Halimus, nor include all whose retention on the list was opposed. Every name in the list was called over, but only certain persons were objected to, so as to require a ballot. The twenty cases remaining to be disposed of on the second day were com- posed (in part at least) of those absent on the first. 2 Or " with a foreign accent," as Auger has it. Pabst " er sey ein Fremdling" which is strange, after Taylor's note, and the distinction drawn by Demosthenes himself a little below between T&V ^ #vos } where Pabst translates it right. 204 THE ORATIONS OF DEMOSTHENES. as if I ought to perish on account of my father's misfortune. I rather think that this very circumstance will materially help me to establish that I am an Athenian. I will first call witnesses before you, to prove that my father was taken prisoner and redeemed ; secondly, that after his return home he received from his uncle the share which came to him from his father's estate ; and further, that no one, either among the townsmen, or among the clansmen, or anywhere else, ever charged him (for all his foreign dialect) with being a foreigner. Please to take the depositions. [Depositions.] Of my father's capture by the enemy, and of his redemp- tion and return to Athens, you have been informed. To prove that he was your fellow citizen, men of the jury (for such is the real truth) I will call my relations by the father's side who are living. Please to call first Thucritides and Charisiades : their father Charisius was brother to my grandfather Thucritides and my grandmother Lysarete, and uncle to my father ; for my grandfather married his sister, she not being his sister by the same mother. After them call Niciades ; for his father Lysanias was brother of Thucritides and Lysarete, and uncle of my father. Next, Nicostratus ; for his father Niciades was nephew to my grandfather and my grandmother, and first cousin to my father. Call if you please, all these persons. And you, stop the water. You have heard, men of Athens, my father's relatives on the male side both deposing and swearing, that my father was their relative. Surely none of them would commit perjury, with imprecations on his own head, in the presence of persons who must know him to be a false witness. Now take the depositions of my father's relatives on the female side. [Deposition.] These persons, the living relatives of my father, both on the male and on the female side, have testified, as you see, that he was on both sides an Athenian, and justly entitled to the civic franchise. Now call the clansmen, if you please, and after them, the members of my family. AGAINST EUBULIDES. 205 Take now the depositions of the townsmen, and those of my relations concerning the clansmen, showing that they elected me prefect of the clan. [Depositions.] You have heard, men of the jury, the evidence of my rela- tions, of my fellow-clansmen, and of the members of my town- ship and family, who are the proper persons to give evidence. From this you may see, whether he is a citizen or a foreigner, who could get such support. If indeed we had had recourse to one or two persons only, we might have lain under the suspicion of having suborned them. But when it appears, that both my father in his lifetime and myself have been members of all those communities, to which each of you be- longs, (I mean those of clan, kin, township, and family,) how can it be imagined, or how is it possible that all these persons have been got up, without having any real existence ? Had it appeared that my father was a wealthy man, and gave money to these persons to induce them to say that they were his relatives, he might reasonably have been suspected of not being a genuine citizen : but as he was poor, and not only produced relatives, but showed that the persons whom he produced as such gave him a share of their property, is it not perfectly manifest that he really belongs to them? Surely, if he had not been connected with any of them, they would not have taken him as one of their kindred, and given him money for it too. He was connected with them, as the fact shows, and as I have proved to you in evidence. Besides that, he was chosen to offices by lot, and served them after passing his probation. Please to take the deposition. [The deposition.] Does any one of you suppose that the townsmen would ever have suffered my father, if he had been a foreigner and not a citizen, to hold office among them, and would not have prosecuted him for it ? No one ever did prosecute, or bring any accusation against him. Yet the townsmen were com- pelled to have a ballot on their solemn oaths, when they lost the heritable register in the prefecture of Antiphilus, the father of Eubulides ; and they expelled some of their mem- bers ; but no one ever moved for the expulsion of my father, or brought any charge against him. To all mankind the end 206 THE ORATIONS OP DEMOSTHENES. of life is death ; and where a man has any charge against him concerning his descent, it is just that his children should continue responsible ; but where no objection is made to him during his lifetime, is it not monstrous that his children should be exposed to the attacks of all men ? If there never was any inquiry into these matters, it might be conceded that the thing had escaped notice ; but if there was an opportu- nity for inquiry, and a revision of the township, and if no one ever made any accusation, ought I not to be esteemed an Athenian citizen as far as concerns my father, who died before his civic origin was disputed 1 To prove the truth of my statements, call the witnesses who depose to them. [Witnesses.] Besides, he had four children by the same mother with myself, and, upon their deaths, he interred them in the ancestral tombs, which are common to all the members of the family ; and none of these men ever forbade or prevented it, or commenced an action. But where is the man, who will allow persons having no connexion with the family to be placed in the ancestral tomb? To prove that these state- ments are true like the rest, take the deposition. [The deposition.] Such are the grounds of my assertion, that my father was an Athenian. I have produced as witnesses persons who have been voted by my opponents themselves to be citizens, and who depose that he was their cousin. It is shown that he lived such and such a number of years at Athens, and that he was never and in no place regarded as an alien, but that he had recourse to these persons as his relations, and they not only received him as one of them, but gave him a share of their property. He appears further to have been bom at such a period, that, if he was of civic birth on one side only, he was entitled to the franchise ; for he was born before Euclides. I shall now proceed to speak of my mother, (for they have calumniated her also,) and I shall call witnesses in support of my statements. And, men of Athens, the calumnies with which Eubulides has assailed us are not only contrary to the AGAINST EUBULIDES. 207 decrees respecting the market, but also contrary to the laws, 1 which declare that, whoever reproaches either a male or a female citizen with trafficking in the market, shall be amen- able to the penalties for evil speaking. We confess that we sell ribbons and live not in the way we could desire ; and if you regard this, Eubulides, as a token that we are not Athe- nians, I will show you that it is just the reverse, and that it is not lawful for any alien to traffic in the market. First take and read me the law of Solon. [The law.] Now take the law of Aristophon. For Solon, men of Athens, was thought to have enacted so wise and constitu- tional a statute, that you voted to renew it. [The law.] It becomes you then, men of Athens, acting in vindication of the laws, to hold, not that traders are aliens, but that pettifoggers are scoundrels. And let me tell you, Eubulides, there is another law concerning idleness, to which you who denounce traders are amenable. But we are now involved in such misfortune, that our opponent may travel out of the record to abuse us, and take every possible means to prevent my obtaining justice ; while you will perhaps rebuke me, if I tell you what sort of traffic he goes about the city carrying on : and not without reason would you rebuke me ; for what occasion is there to tell you what you know ? But just con- sider. It seems to me, that our trafficking in the market is the strongest proof of this man's charges against us being false. For when he says that my mother was a seller of ribbons and notorious to all, there ought surely to have been witnesses speaking to this of their knowledge, not repeating hearsay only. If she was an alien, they should have inspected the tolls in the market, and shown whether she paid the aliens' toll, and to what country she belonged : if a slave, the person who bought her, or the person who sold her, should have come to give evidence of it ; or, in default of them, some one else might have proved that she had lived in servi- tude, or that she had been set free. Eubulides however has proved none of these things ; he has only been abusive, and abusive (L think) in the highest possible degree. For this it 1 See the Charicles, Excursus on the Markets, page 283. Translation. 208 THE ORATIONS OF DEMOSTHENES. is to be a pettifogger to make all kinds of charges, and to prove nothing. And then he has said of my mother, that she was a nurse. We do not deny, that this occurred in those evil days of our commonwealth, when all people were badly off : in what way however, and for what reasons my mother became a nurse, I will tell you plainly. And don't let it prejudice you against us, men of Athens : for you will find many women of civic origin taking children to nurse ; I will mention them to you by name, if you please. Of course, if we had been rich, we should neither have sold ribbons nor have been at all in dis- tress. But what has this to do with my descent "? Nothing whatever, in my opinion. Pray, men of the jury, do not scorn the indigent, (for their poverty is a sufficient misfortune to them,) much less those who employ themselves and seek to get an honest livelihood. Hear my case fairly out ; and if I show you that my mother's relations are such as usually belong to free-born citizens, that they deny upon their oaths the calumnies which Eubulides casts upon her, and speak to their knowledge of her civic origin ; and if they are witnesses whom you will acknowledge to be credible ; I then ask you to give me your verdict as justice requires. My maternal grandfather, men of Athens, was Damostratus of Melita. To him were born four children : by his first wife he had a daughter, and a son whose name was Amytheon ; by his second wife Chserestrata he had my mother and Timo- crates. Amytheon had a son Damostratus, who took his grandfather's name, and two other sons, Callistratus and Dexitheus. And Amytheon, my mother's brother, was one of those who went to the war in Sicily and there lost his life ; and he is buried in a public monument. These facts will be proved to you in evidence. His sister married Diodorus of Alee, and had a son Ctesibius ; and he fell at Abydos in the campaign with Thrasybulus. Of these relatives there is living Damostratus, the son of Amytheon, my mother's nephew. The sister of my grandmother Chssrestrata was married to Apollodorus of Plothea. They had a son, Olympichus, and Olympichus had a son, Apollodorus, who is still living. Please to call them. [ Witnesses.] AGAINST EUBULIDES. 209 You have heard these persons giving testimony and taking their oaths. I will also call the person who is my mother's uterine brother and my relation on both sides, and his sons. For Timocrates, who is brother to my mother both on the father's and the mother's side, had a son, Euxitheus, and Euxitheus had three sons, who are all living. Please to call those who are in residence. [Witnesses.] Now oblige me by taking the depositions of my mother's relations and the members of her clan and township, and those who have the same places of burial. [Depositions.] I have thus laid before you my mother's pedigree, and I show you that she is of civic origin both on the male and on the female side. My mother, men of the jury, first married Protomachus, to whom she was affianced by Timocrates, her whole brother; and by Protomachus she had a daughter; then she married my father, and gave birth to me. How she came to marry my father, you must be informed : and I will explain the charges which this man makes about Clinias and my mother's having been a nurse and all that. Proto- machus was poor, but becoming entitled to wed a rich heiress, and wishing to give my mother away, he persuades my father Thucritus, who was an acquaintance of his, to take her ; and my mother was given in marriage to my father by her brother, Timocrates of Melita, in the presence of both his uncles and other witnesses ; and those who are still living will bear witness for me. Sometime after this, and after she had had two children, while my father was absent in the campaign with Thrasybulus, she being in bad circumstances was compelled to take Clinias, the son of Clidicus, to nurse ; an unfortunate thing truly as regards the peril which now hangs over me, for from this nursing has arisen all the slander about our family ; but the poverty in which she lived rendered it perhaps fitting and necessary at that time. It appears thus, men of Athens, that it was not my father who first espoused my mother : Protomachus was her first husband, who had issue by her, a daughter namely, whom he gave in marriage. He is dead, yet even now he testifies by his acts that she is a citizen by birth and by right. VOL. v. p 210 THE ORATIONS OF DEMOSTHENES. To prove the truth of these statements, please to call first the sous of Protoinachus, uext, the witnesses who were present when my mother was betrothed to my father, and his con- nexions of the clan, to whom my father gave the nuptial sacrifice in honour of my mother. After them, call Eunicus of Cholargus, who received my sister in mariage from Proto- machus, and next, my sister's son. Call them. Should I not be most cruelly treated, men of Athens, when all these relations depose and swear to their connexion with me, if any one, not disputing the citizenship of any of these, should nevertheless vote me to be an alien ? Now please to take the deposition of Clinias, and that of his relations, who of course knew who my mother was, that nursed him. Good conscience requires them to swear, not to what I assert to-day, but to what they have known all their lives of the person reputed to be my mother and nurse of Clinias. For, if it is a mean thing to be a nurse, I don't shun the truth. We are not guilty for having been poor, but (if at all) for not having been citizens ; and the contest now is not about fortune or money, but about descent. Poverty compels freemen to do many mean and servile acts, for which, men of Athens, they deserve rather to be pitied, than to be utterly ruined. I am told that many women of civic origin have become both nurses and wool- dressers and vintagers, owing to the misfortunes of the com- monwealth at that period ; and many have since been raised from poverty to wealth. But of these matters by and bye. Now call the witnesses. That I am a citizen both by paternal and maternal descent, you have all learned, partly from the testimony which has just been given, and partly from what was given before concern- ing my father. It remains that I speak to you about myself ; and I think I have a right to say plainly, that being of civic origin from both parents, having the heritage both of pro- perty and birth, I am a member of your political community. But I will not stop here : I will produce witnesses to prove everything which it becomes a citizen to establish namely, that I was introduced to my fellow-clansmen, that I was en- AGAINST EUBULIDES. 211 tered in the register of my fellow-townsmen, that by these very persons I was selected among the noblest-born to draw lots for the priesthood of Hercules, and that I held offices after passing my probation. Please to call them. [Witnesses.] Is it not shameful, men of the jury ? If I was drawn by lot to be priest, after nomination, it would have been my duty to offer sacrifice on behalf of these people, and Eubulides would have had to join me in the sacrifice : and that these same persons should not permit me even now to offer sacrifice in common with them ! It appears, men of Athens, that I have all along been acknowledged as a citizen by every one of those who now accuse me : for surely Eubulides would not have suffered a mere resident alien and a foreigner, as he now calls me, either to hold offices, or to draw lots with him- self as one of the nominees for a priesthood ; for he was one of those who were nominated and drew lots. And again, men of Athens, as he was an old enemy of mine, he would not have waited for the present opportunity, which no one could ever foresee, if he had known anything of this sort against me. But he did not know anything of the kind ; and therefore he continued all along to act with me as a member of the township, and draw lots for office without seeing any objection ; but when the whole city was roused to anger against the intruders who had pushed themselves into the townships, he began to form plots against me. The earlier occasion would have suited a man convinced that his charges were true ; the present suits an enemy and a design- ing pettifogger. For my part, men of Athens and by Jupiter and the gods, don't let any one make a clamour or be annoyed at what I am going to say I consider myself to be an Athe- nian in the same manner as each of you considers himself to be one, having from the beginning regarded her as my mother, whom I represent as such to you, and not pretending to be her son while I really belong to another. And with respect to my father, men of Athens, I have acted in the same way. Now, if it is just that, when people are discovered to have concealed their real parentage and to have assumed a false one, you should regard this as a sign of their being aliens, surely in my case you should regard the opposite as a proof p 2 212 THE ORATIONS OF DEMOSTHENES. that I am a citizen. For I should never in claiming the franchise have entitled myself as the son of parents who were both foreigners : had I known anything of this sort, I should have looked for persons to give out as my parents : but I knew nothing of the kind, and therefore I have kept always to my real parents, and I claim the Athenian franchise as their sou. Besides, I was left an orphan, and yet they say that I am ' wealthy, and that some of the witnesses depose to relation- ship with me for the sake of what I give them. And at the same time that they reproach me with poverty and de- nounce the meanness of my birth, they pretend that I am rich enough to buy everything. Which of their stories then are you to believe? Surely, if I had been an illegitimate child or an alien, the witnesses might have claimed to inherit all my property. Then do these men choose to receive small pittances and to incur peril by giving false testimony and to perjure themselves, rather than to have all and have it safely without rendering themselves amenable to a curse 1 It is impossible, I say. They are relations, and do an act of justice in helping one of themselves. And they are not doing this now under my influence ; but years ago, when I was a boy, they took me to the clansmen, they took me to the temple of Apollo our father-god, and to the other places of worship. Surely, when I was a boy, I did not induce them to do this by an offer of money. My father himself in his lifetime swore the customary oath before the clansmen, and introduced me to them, knowing that I was of Athenian birth, the son of an Athenian mother lawfully married to himself : and this has been proved to you in evidence. Am I then an alien? Where have I paid the resident alien's tax? Or what member of my family ever paid it? Have I gone to any other townsmen, and, because I could not prevail on them to take me, entered myself on the register of this township ? Have I done any of the things which persons who are not genuine citizens are shown to have done ? Nothing of the sort. I am known to have lived harmlessly as a member of that township, in which my paternal grand- father and my father lived. And now let me ask how could any one establish his title to the civic franchise more clearly than I have done ? Let each of you consider, men of AGAINST EDBULIDES. 213 Athens in what other way he could prove relationship to his kinsmen, than in the way that I have proved it by bringing them to give testimony on their oaths, and by showing that they have been the same all along from the beginning ? On these grounds I had confidence in my case, and came to your tribunal for protection. For I see, men of Athens, that the courts of law are more powerful, not only than the Halimusians who have expelled me, but even than the council and the popular assembly ; and justly so ; for your verdicts are in every respect most righteous. Reflect also upon this, you that belong to the large town- ships ; that you did not deprive any man of his right either of accusation or defence. And blessings upon all of you, who have acted so fairly in this matter, and not denied to those who asked for an adjournment the opportunity of preparing themselves ! By taking that course, you exposed the tricks of malicious conspirators and calumniators. And you are deserving of all praise for it, men of Athens ; on the other hand, those persons are highly blameable, who have abused a process in itself useful and equitable. In none of the town- ships, however, will you find that such shameful things have been done, as with us. Our townsmen have rejected one brother of a family, and retained another, both their parents being the same : and they have expelled some men of ad- vanced age, whose sons they have left in the township. I will call witnesses, if you like, to prove these things. But the most shameful act of these conspirators I am about to tell you ; and, by Jupiter and the gods, let none of you be offended, if I show how base these people are who have wronged me ; for I consider that, in revealing their baseness to you, I am telling the very thing which has happened to me. You must know then, men of Athens, that there were certain persons of foreign extraction, who wished to become citizens; their names were Anaximenes and Nicostratus. This clique admitted them to the township for a sum of money, which they divided among them, getting five drachms each. Eubulides and his party will not dare to say upon their oaths, that they don't know this to be true. And they have not rejected these men on the last revision. What do you think they would scruple to do privately, when they dared to do such a thing in common 1 Many have been destroyed, 214 THE ORATIONS OF DEMOSTHENES. men of Athens, and many have been saved, from corrupt motives, by this faction of Eubulides. Even before their time (I will speak to the point, men of Athens) Antiphilus, the father of Eubulides, when he was prefect of the township, as I told you, mano3uvred to get money from certain persons, and said that he had lost the public register ; under that pre- tence, he induced the Halimusiaus to have a revision, objected to ten of the members, and procured their expulsion ; all of whom, but one, were restored by the court of justice. This is known by all the older townsmen. It was not very likely they would leave any persons not Athenians on the register, when they contrived to expel even genuine citizens, whom the court restored. And, though he was the personal enemy of my father at that time, he not only did not object to him, but did not even vote that he was not an Athenian. How is that shown 1 Because he was declared by all the votes to be a member of the township. But what necessity is there to speak of our fathers? Eubulides himself, when I was entered in the register, and when, the question being proposed for my admission, all the townsmen gave honest votes upon their oaths, neither made any objection, nor gave his vote against me ; for then too they all voted that I was a member of the township. And if they say that I am telling a falsehood, let any one that pleases give evidence to the contrary, while my water is running. If my opponents then, men of Athens, insist upon it as a strong circumstance in their favour, that the townsmen rejected me on the late revision, I show that on four pre- vious occasions, when they gave conscientious votes without entering into a conspiracy, they voted that both I and my father were their fellow-townsmen ; first, when my father passed the scrutiny on his coming of age ; secondly, when I passed the same scrutiny ; again, on the former revi- sion, when these people made away with the register ; and lastly, I say, they voted in my favour, when they selected me among the noblest-born to draw lots for the priesthood of Hercules. And all these things have been given in evidence. If I might speak of my own administration as prefect, which brought me into odium with certain members of the town- ship, as I gave offence by calling on many of them to pay rents for the sacred land?, and to refund some of the public I AGAINST EUBULIDES. 215 money which they had embezzled, I should be very glad if you would listen to me ; but perhaps you would think that such matters were foreign to the question j and indeed I have one thing to bring forward, which is positive proof of their con- spiracy. They struck out of the oath the clause " that they would vote according to their honest judgment without favour or malice." That became publicly known j and so did another thing, which I shall not shrink from mentioning. These persons from whom I recovered the public money conspired against me, and committed sacrilege by stealing the shields which I dedicated to Pallas ; and they chiselled out the decree which the townsmen passed in my favour. And they have arrived at such a pitch of impudence, that they went about saying that I had done this for the sake of my defence. 1 And could any of you, men of the jury, believe me so insane, that, to get this weighty 2 piece of evidence, I would do an act deserving capital punishment, and destroy a public testimonial of my own good conduct ? The most shocking act of all they will surely not say has been my contrivance. Scarcely had my misfortune 3 occurred, when, as if I was already an exile and a ruined man, some of these people came by night to my cottage in the country, and attempted to carry away the property which they found there ; such thorough contempt had they for you and for the laws. If you like, I will call persons who know these facts. I could show many other things which these men have done, and many other falsehoods which they have told, and I should be glad to mention them to you ; but, as you con- sider these matters foreign to the issue, I will forbear. Keep in your mind however the following points, and see with what a strong case I have brought into court. As you ques- tion the Judges in their probation, even so will I question myself before you. "Who was your father, sir?" "My father was Thucritus." " Do any relations give testimony in his favour?" "Certainly. First, four cousins ; secondly, a cousin's son ; thirdly, those who married the female cousins ; next, the clansmen ; next, the kinsmen of our family who worship the same father-god Apollo, and the same Aulic 1 That I might cast odium on my opponents by charging them with the act. 2 Said ironically. 3 7. e. my expulsion from the township. 216 THE ORATIONS OF DEMOSTHENES. Jupiter j 1 next, those who use the same place of burial ; and in addition to these, the clansmen testify that he has often passed probation and held offices, and they themselves are shown to have ballotted in his favour." With respect to my father's origin then, how could I prove my case more fairly or more clearly ? I will call my relations before you, if you desire it. Now, men of Athens, hear what relates to my mother. My mother is Nicarete, the daughter of Damostratus of Melita. Do any of her relations give testimony 1 ? First, two sons of her nephew ; secondly, her cousins ; thirdly, the sons of Protomachus, my mother's first husband ; next, Eunicus of Cholargus, who married my sister, the daughter of Protomachus ; next, the son of my sister. Besides them, the clansmen of her relations and the townsmen have given the like testimony. What more then do you require ? That my father married according to the laws and gave a nuptial sacrifice to the clansmen, has been proved in evidence. I have shown further, that I myself have partaken of all those things which freemen ought to partake of; so that in every respect you will act conscientiously, if you give your verdict in my favour according to right and justice. One more thing, men of the jury. At the examination of the nine archons you ask whether they behave dutifully to their parents. I was left by my father an orphan. On behalf of my mother I conjure and beseech you let the issue of this trial be, that you restore to me the right of burying her in our hereditary monuments. Do not preclude me from this do not make me an outcast do not sever me from communion with all my relatives, numerous as they are, and utterly destroy me. Rather than abandon them, if it is impossible for them to save me, I will kill myself, so that at least I may be buried by them in my country. 1 Harpocration "EpKfios Zei)s, $ fia>p.o\ VT&S Hpicovs eV rfj avhfj 'iSpwrcu' rbv yd.p TrepifioXw epKos e\eyov. Pabst calls him " Gott des Hausbezirks." Schb'mann(Ant. Jur. Publ. Grsec.) Jupiter Penetralis. One of the questions asked of the Thesmothetae on their probation was, et 'A.ir6\X(i:v eanv avro'is irarpSsos Kal Zei/s epiceios. AGAINST THEOCRINBS. 217 THE ORATION AGAINST THEOCRINES. THE ABGUMENT. THE subject of this speech is like that of the speech against Aristogiton, and it belongs strictly to the class of public orations. Theocrines was one of those odious people whom the Athenians called Sycophantce, and is probably the person referred to by Demosthenes in the oration on the crown, (vol. iL page 11 2,) where he calls his rival "a tragic Theocrines." A criminal information is brought against him on several grounds : First ; because he had withdrawn from the prosecution of one Micion, whom he had charged with having violated some article of the mer- cantile law, for which withdrawal he was liable to a penalty of a thousand drachms. Secondly ; he was liable by an express statute to imprisonment for having wilfully preferred a false charge against Micion. The with- drawal of this charge (it is contended) was a proof that it was wilfully false. At all events, he was liable in one way or the other. If the charge against Micion was an honest one, it ought to have been pro- ceeded with; if dishonest, he had compromised it from corrupt motives. Thirdly ; Theocrines had incurred a fine of seven hundred drachms payable to the hero of his tribe, and had continued to exercise his civic privileges without having paid it, which was contrary to law. He said it was his grandfather, and not himself, who had incurred the debt. But that made no difference ; for he inherited the liability of his grandfather. Fourthly ; he owed to the state a sum of five hundred drachms, which his father had been condemned to pay by a court of law. His father not having paid it in his lifetime, the debt and consequent disfran- chisement had descended to Theocrines. The prosecutor of the information is one Epichares, a young man, whose father had been indicted by Theocrines for moving an illegal decree, and, being brought to trial, had been sentenced to a fine of ten talents. As he was unable to pay so large a sum, he had gone to prison. He might have avoided it (says Epichares), if he had chosen to compound the matter with his accuser. Indignant at the baseness of the man, who had thus deprived him of his liberty and ruined his prospects, the father solemnly charged his son to avenge him, while it was yet in his power, by taking such legal proceedings as were open to him against Theocrines. He could do so while his father lived; but after his father's death he would inherit the disfranchise- ment and would be disabled to appear as a prosecutor. Epichares 218 THE ORATIONS OF DEMOSTHENES. undertook the duty thus committed to him, and laid the present in- formation, which he conducts in person. After an exordium, in which he bespeaks the indulgence and favour of the jury on account of his youth and forlorn situation, declaring that he had been abandoned by those who had promised to assist him, but who had been deterred or seduced by his opponent he states briefly the several articles of the information and the facts upon which they are grounded, produces evidence, and shows that his charges are good in law. He proceeds to make a general attack upon the life and character of Theocrines, showing how he had treated his father, and also other disgraceful acts which he had com- mitted, and contends that he is entitled to no mercy at the hands of the jury. The excuses which Theocrines was expected to set up are anticipated. He would endeavour to make a merit of his services as a public accuser, representing himself as a friend of the people and a supporter of the laws : he would urge that he had exposed himself to attack by his prosecution of certain leading statesmen, and in par- ticular, of Thucydides and Demosthenes. These (says Epichares) were idle pretences. He could not have any regard for the laws, when he violated them by continuing to speak and take part in public business without paying his debts to the state. His only object was to make himself of importance and extort money. The prosecutions which he had undertaken were no advantage to the people of Athens : the proceedings were a sham, and got up for the purpose of an answer to this information. As to Demosthenes, whatever quarrel there might have been between him and the de- fendant had been made up, and, as he believed, for a sum of money. He calls Demosthenes to come forward as a witness ; the call how- ever is not responded to, and Epichares speaks of the orator in not the most complimentary terms. At the conclusion, after referring to the services done by some ancient members of his family, and again imploring the jury to redress his father's wrongs, he invokes the assistance of the bystanders, in the hope that some one will volunteer to be his advocate. The manner in which Demosthenes is here spoken of, and the insinua- tions cast upon him by Epichares, have led to the general belief that this speech was not his composition. Most critics have attributed the authorship to Dinarchus, who was the personal enemy of Demos- thenes, and an imitator of his style of writing ; not indeed that this can be taken as a good imitation, for it has but little merit either in regard to force or clearness of language. From internal evidence (see pages 1330, 1336), it has been inferred, that the date of this speech is after B.C. 344. As my father, men of the jury, has through the defendant Theocrines suffered political l misfortune and been condemned to pay a fine of ten talents, and this fine has been doubled, so 1 I.e. the disfranchisement for non-payment of the fine, to which Theocrines had caused him to he condemned. Pabst "in Betreff seines Verhaltnisses zum Staate, ins Ungliick gestiirzt." AGAINST THEOCRINES. 219 that we have not the least hope of deliverance, I have thought it right, without taking either youth or any other disadvan- tage into account, to lay this criminal information, in order to punish the defendant with your assistance. For my father, men of the jury, in compliance with whose wishes I have taken every step, declared to all his acquaintances what a sad thing it would be, if I should let slip the oppor< unity which I had of taking vengeance on this man during my father's lifetime, and if under the plea of youth and inex- perience I should suffer him to be deprived of everything, while Theocrines was left to draw indictments contrary to the laws, and to harass numbers of citizens with vexatious actions which he was not qualified to bring. I therefore beseech and implore you all, men of Athens, to listen to me with favour ; first, because I am prosecuting in obedience to my father, and in order to redress his wrongs ; secondly, because I am both young and inexperienced, so that I must think myself for- tunate, if by your favour I am enabled to reveal what Theo- crines has done ; and in addition to this, men of the jury, because I have been betrayed (the truth shall be told you) by persons who, after being trusted by me on account of their enmity to Theocrines, after hearing the facts and promising to co-operate with me in this cause, have now left me in the lurch and settled with my adversary, so that I shall not have even an advocate to plead for me, unless some of my relations should be kind enough to assist me. The defendant was liable to many criminal informations, and had transgressed (as it appeared) all the laws to which that process appertains : but the most remarkable of his acts we found to be the presentment concerning the merchant vessel, and therefore my father put that in the information which he gave me. First he shall read you the statute concerning those who make presentments and then compromise instead of proceeding with them according to law : I think I ought to commence the case with this : afterwards you shall hear the presentment itself, which Theocrines drew up against Micion. Read. [The law.] This statute, men of the jury, expressly prescribes to those who undertake either to prefer indictments or to present or to do any other of the things mentioned in the statute, on 220 THE ORATIONS OF DEMOSTHENES. what conditions each of these proceedings is to be resorted to. These are, as you have learned from the words of the statute that, if a man shall prosecute his charge and not obtain a fifth part of the votes, he shall pay a thousand drachms ; and likewise if he does not prosecute, Theocrines, he shall pay a thousand drachms, in order that no one may commence vexatious proceedings, or make a job for himself and com- promise the interests of the state with impunity. Now I say that Theocrines (in the words of this informa- tion) is liable for having presented Micion of Chollidee, and then having sold the case for a bribe instead of prosecuting it. And this I think I shall prove clearly. Undoubtedly, men of the jury, Theocrines and his friends have tried all they could to tamper with the witnesses, and to induce them, either by threats or persuasion, not to give evidence. However, if you will support me as you ought to do, and command them, or rather join me in compelling them, either to depose or take the oath of disclaimer, and if you will not permit them to trifle with the court, the truth will be dis- covered. Kead first the presentment, then the depositions. [The presentment.] This presentment, men of the jury, the defendant gave in after citing Micion to appear : it was received by Euthyphe- mus, secretary to the Overseers of the Emporium. 1 The presentment was hung out for a long time before the board- room, until the defendant, upon receipt of a sum of money, allowed it to be struck out, when the magistrates called him to attend the hearing before them. To prove the truth of these statements, first call Euthyphemus, who was secretary to the board. [The deposition.] Now read the evidence of those who saw the presentment hung out. Read. [The deposition] Call now the Overseers of the Emporium, and Micion him- self, against whose vessel he gave in the presentment ; and read the depositions. [The depositions] 1 See vol iv. page 201. AGAINST THEOCRINES. 221 That Theocrines gave in a presentment against the vessel of Miciou, and that his presentment was hung out for a long time, and that, when he was called to a hearing before the magistrates, he did not attend or proceed with the case, is testified, as you have heard, men of the jury, by witnesses who had the best means of knowledge. That he is liable not merely to the fine of a thousand drachms, but also to arrest and the other punishments to which this statute subjects any- one who wilfully prefers a false charge against merchants and shipowners, you will easily gather from the law itself. For the proposer of the law, being desirous that those merchants who had committed offences should not escape, and that those who were innocent should not be exposed to annoyance, posi- tively forbade this class of people to present them as offenders, unless there were good ground for believing that the facts charged in such presentment could be established before you : and if any pettifogging person infringes the law, he is liable to criminal information and imprisonment. But it is better to read the law itself : it will explain the thing more clearly than T can do. [The law.] You hear, men of the jury, what penalty the law imposes on the wilfully false accuser. If then Micion had committed any of the offences which Theocrines charged in the present- ment, and Theocrines has compromised the affair and settled with that person, he is guilty of a crime against the state, and justly incurred the penalty of a thousand drachms. But if Micion only sailed where he lawfully might (for let this be taken either way that he pleases) and yet Theocrines presents and cites him as a criminal, he then " wilfully prefers a false charge against a shipowner," and has violated not only the former law, but also the one which was last read, and has convicted himself of being thoroughly dishonest both in word and deed. For what man would have relinquished that share of the money which he could have got by proceeding honestly according to law, and rather chosen to make a trifling gain by a compromise and render himself amenable to the statutes, when it was in his power, as I said just now, to obtain half the forfeiture under the presentment ? No one would do so, men of the jury, if he were not conscious that his charge was groundless and vexatious. 222 THE OKATIONS OF DEMOSTHENES. These are two laws, men of Athens, which have been infringed by this person who indicts others for illegal mea- sures. There is a third law which he has violated, which enacts that any citizen who pleases may lay informations against those who are indebted to the treasury, or against those who are indebted to Pallas or to any other of the Gods or any of the heroes. Now it will be shown, that the de- fendant owes a sum of seven hundred drachms, which at his audit he was condemned to pay to the hero of his tribe. 1 Please to read just that part of the law. [The law.] Stop. Do you hear, Theocrines ? What does it say 1 "Or to any of the heroes." Now read the deposition of the tribesmen. [The deposition.] It's very likely, men of the jury, that he'd care for a few persons, or for people who (like Micion) are most of their time out at sea, when he was neither ashamed nor afraid to act thus to his fellow-tribesmen who were on the spot, in the first place, by administering their finances in such a way that they convicted him of embezzlement, and secondly, when he had been fined and was well aware that the laws forbade him to prefer indictments till he had paid the fine, by setting the laws at defiance, as if he were superior to them, and an ex- ception to the rule that state-debtors are debarred from the exercise of civic rights. He will assert indeed that it is his grandfather, and not himself, who is entered in the register of debtors ; and he will have a great deal to say upon this point, and try to make out that it was his grandfather. I myself cannot say for certain, which of the two it was : but, supposing it to be as the defendant will assert, I think that in that case you will be more imperatively called upon to convict him. For if his grandfather was a state-debtor a long time ago, and, though the law makes him his grandfather's heir, and he was bound long ago to have abstained from preferring indictments, he still prefers them ; and if he expects to get off on this account, that he is a scamp of the third generation ; his plea will not be a good one, men of the jury. 1 See volume iv. appendix i. page 305. AGAINST THEOCRINES. 223 To prove that it is admitted by Theocrines himself that the debt is his own, and that he made an arrangement with the tribesmen for his brother and himself to pay it by instal- ments, and that a conscientious jury could not possibly acquit him on this information please to take the decree which Scironides moved at the tribe-meeting. {The decree part read.~\ Theocrines the defendant came and admitted the debt and promised to pay it in the presence of the tribesmen, when he found that we were coming and intended to take a copy of what was entered in the book. [The rest of the decree.'] The members of the Leontian tribe, who compelled Theo- crines to pay the seven minas, are somewhat more deserving of your commendation, men of Athens, than Theocrines himself. There is also a fourth law ftbr I confess that I have inquired into most of this mans concerns) according to which the defendant Theocrines owes five hundred drachms to the state on the following account. His father had not paid a judgment to that amount, to which he was sentenced for having asserted the freedom 1 of a maid servant of Cephi- sodorus, but had so arranged the matter with Ctesicles the speech- writer, who was retained for his opponents, that he should neither pay the debt, nor be registered as debtor in the Acropolis. Notwithstanding this, I take it, Theocrines is still a debtor according to law. It is not because Ctesicles, the resident alien, has agreed with this man, who was as great a rogue as himself, that a person sentenced to pay a penalty according to law shall not be delivered over to the collectors it is not on this account that the state is to be deprived of the penalties which have been legally imposed. The parties to a suit may come to what terms they please in their own private matters ; but in matters which concern the public they can only make such arrangements as the laws allow. Please to read the law, which declares that half of the penalty shall be payable to the public treasury by any person who is adjudged to have unlawfully asserted the freedom of a slave. Then read the deposition of Cephisodorus. [ The law. The deposition]. 1 See the Archaeological Dictionary, title 'E|aipe'cro 224 THE ORATIONS OF DEMOSTHENES. Now read that law, which declares that the party shall be deemed a debtor from the day when he incurred the fine, whether he has been entered in the public register or not. [The law.] In what other way, men of the jury, is an honest prosecutor to show, that the information has been rightly brought against Theocrines, and that he is not only liable to the penalty of the thousand drachms claimed in the information, but also to several other penalties 1 It seems to me that no better proof could be devised. For of course you cannot expect Theocrines himself to confess that he is indebted to the treasury, and that the information has been justly laid against him. On the contrary, you may be sure he will say anything rather than that ; he will make all kinds of imputations on his accusers, alleging that he is assailed by a cabal, and that he has been brought into this peril on account of the indictments which he has preferred against others for illegal measures. It is the last resource of persons who are convicted on the merits of the case, to invent calumnies and excuses, to make you forget the question before you and listen to arguments foreign to the charge on the record. I can only say, men of the jury; had I seen in the statutes which have been read to you a clause such as this " the enactments aforesaid concerning false accusers shall be in force, unless Theocrines, when an information is laid against him, shall be pleased to denounce Thucydides or Demosthenes or some of other of our statesmen" I should have kept myself quiet. But I find no excuse of this kind noticed in the laws, nor is it even new, so as to be worth your attention because heard for the first time ; on the contrary, it has been advanced a thousand times before by people on their trial. And I am informed, men of Athens, by those who are older than myself, that in truth no breaker of the laws ought to obtain pardon, but, if any pardon ought to be allowed, it should be, not to habitual delinquents, nor to those who betray the laws from corrupt motives, (that would be most unseemly,) but to those who, for want of experience in such matters, transgress some clause of a statute unin- tentionally. Surely no one can say that Theocrines the defendant belongs to the last class of persons ; on the con- AGAINST THEOCRINES. 225 trary, it must be admitted, that there is no part of the laws with which he is unacquainted. You must watch him therefore, having regard neither to my words nor to those which he will address to you. For it is not right that you, who sit here to administer the laws, should give your attention to long speeches and accusations, but to such only as you can easily follow, and by the help of which you will be thought by all your countrymen to have decided this information in a manner worthy of the laws : and you should put plain questions such as these " What do you mean, Theocrines, and you that follow the same courses that he does 1 Do you require us, who have sworn to decide according to the laws, to give our verdict contrary to the laws on account of your speeches ? and this, when Micion, against whom the defendant Theocrines made his presentment and did not proceed with it, has given evidence before us and made himself responsible to these men? and when the secretary acknowledges that he received the presentment from Theocrines, and he also has made himself responsible by virtue of the deposition which was read a few minutes ago? and further, when the overseers of the emporium have, though with great reluctance, borne the same testimony as the other witnesses'? and, in addition to this, when evidence is given, as you have just heard, by persons who saw the presentment exposed to public view, and who went before the magistrates ? It would not be right for you to act in such a way, men of the jury. At all events, the life and character of the defendant will not induce you to disbelieve the depositions which have been read. The character of Theocrines shows him to be what I .say still more clearly than the evidence. For what is there which a rogue and a pettifogger would do, which he has not done? Was not his brother, when holding the office of Judge, and acting under his advice, brought into such bad odour with you by the defendant's misconduct, that, when the question was put in the assembly whether he should be continued in office, you not only dismissed him, but deposed the whole board of Judges? 1 And had not his colleagues 1 At the first assembly of the Prylany, when there was an inquiry into the conduct of the magistrates, called tirixeiporovia, upon which the question was put, whether the people were satisfied with their VOL. V. Q 226 THE ORATIONS OF DEMOSTHENES. by prayer and entreaty, and by promising that Theocrines should not again come near the board, prevailed on you to restore them their crowns, the greatest disgrace would have been inflicted on them. There is no need for me to call witnesses to prove these facts ; for you all know that the Judges in the archonship of Lyciscus were deposed in the popular assembly through Theocrines. And bearing this in mind, you ought to presume that he is the same person now that he was then. Not very long after his dismissal, his brother came to a violent death, and see how he behaved in the affair. He made inquiry after the murderers, and when he discovered who they were, he took a sum of money and abandoned further proceedings. The office of sacrificer, which his brother held when he died, Theocrines assumed contrary to law, not having been drawn for it either originally or in the place of another t 1 and he went about bewailing his brother's cruel fate, and threatening to summon Demochares before the Areopagus, until he compounded with the guilty parties. He's an honest man is he not ? and a trustworthy man, and above all pecuniary considerations ! He won't venture himself to say so. For they say that, whoever means to administer the public affairs with justice and moderation ought not to have so many wants, but should be superior to those temptations which cause people to spend what they get on themselves. Such was his conduct in the affair of his brother. It is worth your while to hear how he has managed matters since he applied himself to politics ; for he will say that he loves conduct. In the majority of cases this would be merely a matter of form ; but any one was at liberty to prefer a complaint against a magis- trate, and in such case the people, after hearing the charge, decided by show of hands whether the accused person should continue in office or not. (See Schomann de Comitiis, 231.) Theocrines had been assessor, ndpeSpos, to his brother, one of the Thesmothetse, and had given him advice, by acting upon which the whole board of Thesmothetse got into disgrace, and were deposed upon the tTrixeipoTovia. They were reinstated upon undertaking not again to employ Theocrines as their adviser. 1 eiriA.axeTi' was the proper term, when a man was drawn for an office in the room of one rejected on his probation. See Schomann, Ant. Jur. Publ. Graec. 212, 239. AGAINST THEOCRINES. 227 you next to his relations. I will begin with his conduct to us. Upon his accusation of my father, men of the jury, when he was prosecuting the indictment against him for illegal measures, he said that there had been a plot against the boy, concerning whom the decree was drawn ; the decree, I mean, in which my father proposed that maintenance in the Prytaneum should be granted to Charidemus, the son of Ischomachus. Theocrines asserted that, if the boy returned to his paternal family, he would have lost all the estate which JEschylus, his adoptive father, had given him ; the assertion was false ; for such a thing never happened, men of the jury, to any son by adoption. He said also that Polyeuctus, who married the boy's mother, had been the contriver of the whole plot, because he wanted to get the boy's property for himself. The defendant's statement excited the anger of the jurors : they considered that, although the decree itself and the grant were conformable to law, yet that the boy would in fact be deprived of his property, and so they fined my father ten talents, as having conspired with Polyeuctus, and gave credit to the defendant as having vindicated the rights of the boy. Such, or to this effect, were the proceedings in the court. When this worthy person saw that people's minds were exas- perated, and that he himself had been believed, as if he were not a thorough miscreant, he summoned Polyeuctus before the archon, and preferred an indictment against him for mal- treatment of the orphan ; he went so far as to hand the record to Mnesarchides the assessor ; but having received three hundred drachms from Polyeuctus and sold for a trifling pittance those grievous charges, for which he esti- mated the penalty in my father's case at ten talents, he aban- doned his proceedings, withdrew the indictment, and betrayed the orphan. Please to call the witnesses who prove these things. [ Witnesses."] If my father had been well off, men of the jury, and able to provide a thousand drachms, he would have got entirely quit of the indictment for illegal measures. That was the sum the defendant asked. Please to call Philippides of Pseania, to whom the defendant Theocrines made this state- ment, and the other persons who are aware of his having made this statement. Q2 228 THE ORATIONS OF DEMOSTHENES. [ Witnesses.] That Theocrines, if he had been offered the thousand drachms, would have withdrawn the indictment against my father, I think, men of the jury, you would all be satisfied, even if no witness had deposed to it. That he has sum- moned many other persons and preferred indictments against them and then compromised the indictments, and that he is in the habit of compounding such matters for a small sum of money, I will prove to you by calling the very persons who paid such money, that you may not believe his assertion that it is he who watches the framers of illegal measures, and that, when indictments for illegal measures are put a stop to, the democracy is overthrown, (for such is the way in which people who sell everything are accustomed to talk). Please to call Aristomachus, the son of Critodemus, of Alopece ; for he gave, or rather in his house was given, the mina and a half to this incorruptible person, on account- of the decree which Automedon drew up for the people of Tenedos. [The deposition.] Now read the depositions of the other persons to the same effect, in the order in which I have given them, and that of Hyperides and Demosthenes. This is really a monstrous thing, that the defendant should be glad to get money by selling indictments from persons whom no one else would think of asking for money. [The depositions.'] Theocriues will say presently, that the information has been laid against him on this account, that he may not pro- ceed with his indictment against Demosthenes, or with that which he preferred against Thucydides ; for he is clever at lying and talking nonsense. I, men of the jury, have examined this matter among others, and I will satisfy you that the state will not suffer the slightest disadvantage, whether the decree of Thucydides be ratified or whether it be annulled. In truth, it is not right to offer such defences to a jury who are sworn to decide according to the laws : however, you will see presently from the indictment itself, that it was intended to be set up as an answer to the information. Eead these indictments. [The decrees. The indictments.] AGAINST THEOCRINES. 229 Whether these decrees 1 are left to stand, or whether they are condemned, men of the jury, (for it makes no difference to me,) what does the state gain or lose ? Nothing, in my opinion. They say that the JEnians pay no regard to our commonwealth, and that this has been brought about by the defendant Theocrines. For being assailed by his calumnies at that period, when some of them were philippizing and some atticizing, and hearing that the decree had been indicted as illegal, which Charinus had indicted before, that (namely) concerning the contribution, which Thucydides moved, and that there was no bringing the matter to an issue, as, although the people consented to take from the ^Enians the contribu- tion which they had agreed for with Chares the general, this miscreant had undertaken to co-operate with the traitor Charinus ; they took that course to which they were driven by necessity, and of the evils which were before them chose the least. How must they have been harassed by the persons who were bringing indictments here, when they deemed it advisable to revolt from us, and to receive a garrison and submit to barbarians ? But you alone, I take it, are able to endure the wickedness of these persons ; no other Greeks can tolerate it. That neither on account of the indictments which have been read nor for any other reason ought you, in breach of the laws concerning criminal informations, to acquit Theo- crines, is pretty clear by what has been stated already. I fancy however, men of the jury, that you are quite alive to the nature of these men's excuses and their accusations and pretended quarrels. For you have seen them often enough in the courts and on the platform professing to be personal enemies, and then in private following the same occupations and sharing their gains ; at one time bespattering each other with the foulest insult and abuse, and in a little time after feasting together 2 and taking part in the same sacrifices. And you need hardly be surprised at any of these things ; for the men are naturally base, and they see that you allow of such 1 " De jEniis levandis nimio onere TTJS Gwrdi-ews." Schafer, citing Bockh, (Econ. Polit. Athens, i. 451. 2 Pabst, adopting Schiifer's reading, ffvv^Ka.rl^ovra.s. " Familienfeste zusammen feierten." 230 THE ORATIONS OF DEMOSTHENES. excuses ; why therefore should they not resort to them and try to deceive you ? Upon the whole, I deem it to be your duty, men of the jury, keeping in view simply the question in the cause, to see whether my arguments are just and conformable to law, and then to afford me redress, without caring whether it is Demosthenes who prosecutes or only a youth ; and not to consider that the laws ought to have greater effect, when they are exhibited before you with the ornaments of rhetoric, than when they are recited in ordinary language, but to regard them as invariably the same ; and you should be the more ready to succour the young and inexperienced, as they are less likely than others to deceive you. That it is just the reverse of what Theocrines asserts that it is not he, but I, who am oppressed by a faction, and that, after promises by certain people to help me in the cause, I have been betrayed through the leagues formed by these men will be clear to you from what I am about to do. Let the crier here call Demosthenes. He will not come up. The reason is, not that I have been persuaded by certain people to lay an information against Theocrines, but that Theocrines and the person just called have settled their differences. And to prove the truth of this, I will compel both Cleinomachus, who brought them together, and Eubulides, who was with them at Cynosarges, to give evidence : at the same time I will produce what you will all acknowledge to be, not a weaker, but a stronger proof than the former, in confirmation of my statement. Theocrines, when prosecuting for an illegal measure this odious fellow (as he will call him by and by), the cause of his present troubles, publicly discharged him from the indictment, in which he had laid the penalty at ten talents. How 1 you will ask. By no new device, but as other people of his class have done it. When the indictment was called on, some one made an affidavit to put off the trial, on the ground that Demosthenes was ill Demosthenes, who was then going about and abusing ^Eschines ! Theocrines allowed this enemy's excuse, and neither then made a counter- affidavit, nor has since given notice of trial. Do they not manifestly impose on you, when you give ear to them under the impression that they are personal enemies ? Head the depositions. AGAINST THEOCRINES. 231 [Depositions.'] Even you then, men of the jury, should not listen to those persons, who will pretend to be advocates for Theocrines on account of their enmity to Demosthenes. You should require them, if they are really the enemies of Demosthenes, to in- dict him themselves, and not allow him to frame illegal decrees. Eemember, these persons are as clever speakers as Theocrines, and have more credit with you. They will not do what I say, however. Why ? Because, men of the jury, they pretend to be at war with one another, when they are not at war. With respect to the enmity of these persons you can give me fuller information than I can give you. I should be glad however to ask Theocrines in your presence, if he were likely to give me an honest answer, what he would have done (as he says that his vocation is to put down the framers of illegal decrees), if any one had addressed the whole body of citizens in the assembly, and carried a decree, enabling those who were disfranchised and indebted to the treasury to indict, to present, to lay informations, in short, to do all the things which the law now forbids them to do 1 I should like to ask, whether or not he would have indicted the person who moved that decree for an illegal measure ? Should he say that he would not indict, how can you believe him, when he declares that he keeps a watch over the framers of illegal decrees ? If he would indict, is it not scandalous when he would pre- vent a decree moved by another person from being finally established, so that all people may not have this privilege when he would prevent the thing by preferring an indict- ment, and annexing to it the very words of the laws yet that now he himself, without having persuaded the people, or made the thing open to the whole body of citizens, draws indictments in spite of the prohibition of the laws 'I And he will say presently, that he is cruelly treated if he is not at liberty to do these things, and he will rehearse the statutory penalties to which he will be liable on conviction. To think then that he should pay no regard to the laws, but expect to have such a privilege conceded to him by you, as no one has ever ventured to ask for ! That on the information itself neither Theocrines nor any of his advocates will have a single argument to urge, I think 232 THE ORATIONS OF DEMOSTHENES. you are all pretty well assured. I fancy however, they will try to make this point, that there are no informations against persons who are not registered in the Acropolis, and that you cannot consider those as debtors, whose names have not been delivered over to the collectors ; as if you would be ignorant of the law, which declares that a man shall be considered a debtor from the day on which he has incurred the penalty, or on which he has transgressed the law or the decree ; or as if it were not manifest to all, that there are many ways in which people are indebted to the treasury, or in which people who obey the laws satisfy such debts ! This indeed is manifest from the statute itself. Please to take this law again. [The law] Do you hear, you odious beast, what the statute says 1 " From the day on which he has incurred the penalty or transgressed the law." Those are the words. I am told that they intend also to produce the law, which requires that so much as is paid upon any debt shall be struck out of the register, and they will ask, how any part can be struck out when the debt is not entered at all in the register ; as if it were not plain that this enactment applies to registered debtors, while the case of debtors who are not registered is provided for by the other enactment, which says that they shall be considered as debtors from the day on which they have incurred the penalty, or transgressed the law or the decree ! Why then, says he, do you not indict me, who am indebted and not registered, for non-insertion 1 in the register ? Because the law declares that indictments for non-insertion in the register shall lie, not against unregistered debtors, but where persons, who have been registered and have not paid their debt to the state, have their names expunged. Take and read me the law. [The law.] You hear the law, men of the jury, which says expressly that, if any debtor to the treasury shall have his name expunged without having paid his debt to the state, an indictment for non-insertion in the register may be brought against him before the judges, but not against a debtor who 1 See Arch. Diet. dypalov ypaij. AGAINST THEOCRINES. 233 has never been registered : such a person it makes liable to an information and other legal proceedings. Why do you tell me, Theocrines, of all the possible ways in which one may punish one's enemies, instead of justifying yourself in this cause in which you are made defendant ? Mcerocles, men of the jury, who framed the decree against people who injure merchants, and who persuaded your allies as well as you to take preventive measures to put down robbers and pirates, will not be ashamed presently to speak in defence of Theocrines, in opposition to his own decrees, and will be bold enough to advise you, that you ought not punish but to acquit a man, who has been thus clearly con- victed of preferring unjust charges against merchants ; as if he had for this reason proposed to clear the sea of robbers, that seamen, after escaping the perils of navigation, might pay money to these persons in the harbour ; or as if it made any difference to merchants, that after the completion of a long voyage they should fall into the hands of Theocrines. I humbly think, though accidents at sea are owing, not to you, but to your generals and commanders of the convoy, yet that mishaps in the Piraeus and before the magistrates are owing to you, who have all these persons under your con- trol. Therefore it is more necessary to watch those who transgress the laws at home, than those who disobey your decrees abroad, that you may not yourselves be thought to regard such things with indifference, and to connive at the doings of these men. For surely, Mcerocles, we shall not now compel the Melians to pay ten talents under your decree because they harboured the pirates, and yet acquit this man, who has violated both your decree and the laws which uphold our commonwealth. And when we prevent the islanders from doing wrong, against whom we must man our ships of war in order to recall them to their duty, surely you will not permit these miscreants to escape, when you have only to sit here and inflict punishment on them according to the laws. You will not do so at least if you are wise. Read the pillar. [The pillar]. Upon the laws and the circumstances of the case I can have but little to add ; for I think that you have been fully 234: THE ORATIONS OF DEMOSTHENES. informed of all the particulars. I will only implore you for justice on behalf of my father and myself, and then I will come down and trouble you no further. I conceived, men of the jury, that I was bound to redress my father's wrongs : under the impression that this was just, I laid the present informa- tion, as I stated to you in the beginning. I was quite aware that those inclined to calumniate me would find grounds of attack on the score of my youth, while from others I expected praise and commendation for 'undertaking to punish my father's enemy. I considered however, that, although the result with my hearers might depend upon accident, my duty was to obey my father's injunction, especially as it was a just one. For when ought I to redress his wrongs? Ought I not to do it now, when I have the opportunity of avenging him according to law, when I myself am sharing my father's misfortune, and when my father is left in this desolate and forlorn state ? For, in addition to our other misfortunes, this, men of the jury, has befallen us. Everybody urges us on, and expresses sympathy for what has happened, and says that we have been cruelly treated, and that the defendant is liable to the information ; but none of these people who talk thus like to co-operate with us, and they all say that they do not wish openly to quarrel with Theocrines. So few people are there who love justice well enough to speak their minds freely. Among many misfortunes, men of the jury, which have befallen us in a short period through the defendant Theocrines, the most grievous of all is this that my father, who is the sufferer, and could disclose to you the cruel and illegal acts of Theocrines, must of necessity hold his tongue, (for the laws compel him,) and I, who am not equal to the task, 1 am obliged to come forward ; and, while other persons of ray age are assisted by their fathers, my father rests all his hopes on me. Engaged as I am in such a contest, I beseech you to lend me your assistance, to prove to all, that, whether a youth or an old man or a person of any other age, has recourse to you and to the laws, he will obtain perfect justice. For it is not right, men of the jury, that you should put either the laws or yourselves in the power of the orators ; you should rather 1 Pabst "der ich alien solchen Geschaften noch nicht gewachsen bin." A.GAINST THEOCRINES. 235 keep the orators under your control, and make a distinction in your judgment between those who speak well and cleverly, and those who speak justly ; for it is justice that you have sworn to decide by your verdict. I am sure no one will per- suade you, that there will ever be a lack of orators like the defendant, or that the commonwealth will on such account be worse administered. On the contrary it is said, as I am told by people older than myself, that the commonwealth most flourished when moderate and discreet men directed her affairs. For let me ask : Will you find useful counsellors in these persons ? That can hardly be, when they never speak in the assembly, but only get money by indicting those who do speak there. And therefore it is a surprising thing, that, living as they do by pettifoggery, they tell you they get nothing from the state, and, though they possessed nothing when they came to you, now that they are well off, they don't even thank you, but go about saying that the people are unstable, useless, ungrateful, as if you prospered through these men, not they through the people. But in truth they have reason for saying this, when they observe your negli- gence ; for you have never punished any of them as their baseness deserves, but you allow them to say, that the safety of the democracy is secured by the agency of men who bring indictments and vexatious actions, than whom there is not a more pernicious class in existence. For in what way can you find them serviceable to the state? Perhaps, they chastise wrong-doers, and through them the number of wrong-doers is diminished. Not at all, men of the jury; the number is increased ; for people who are disposed to do evil, knowing that they must give a portion of their gains to these men, are compelled to seek larger plunder from the public, in order that they may have enough to spend upon these men as well as themselves. Against other malefactors or mischievous people there are various ways of defending ourselves : we may put a guard over our household effects to preserve them; or we may stay at home at night to escape injury ; in some way or other, in short, we may always take precautionary measures to defeat the plots of ill-disposed people. But against pettifoggers like the defendant where can one go to obtain security ? Things that afford protection from other injuries are means of traffic for these persons ; I mean laws, 236 THE ORATIONS OP DEMOSTHENES. courts of justice, witnesses, assemblies ; in which these per- sons display their peculiar power, treating those who offer them money as their friends, and quiet and wealthy people as their enemies. Remember then, men of the jury, the wickedness of these men ; remember also our ancestors, of whom Epichares, my grandfather, was victorious at Olympia in the footrace of boys, and won a crown for the state, and, when he died, left behind him an honourable name with your ancestors; xvhile we, through this execrable person, are deprived of our franchise in that state, in behalf of which Aristocrates, the son of Scellius, the uncle of my grandfather Epichares, whose name is borne by my brother who is here in court, performed many noble actions during the war between Athens and Lacedse- mon, and (among other things) having razed to the ground Eetionea, 1 into which the faction of Critias f/ere about to receive the Lacedaemonians, demolished the fortress which was raised against us, and restored the people to their country, himself incurring perils not such as this which I am incurring, but perils in which even disaster is glorious; and he put down those who were forming conspiracies against you. For his sake you might reasonably have preserved us, if we had resembled the defendant Theocrines ; I need not say, when we are better persons than he is, and have a just cause. We will not trouble you by constant repetition of these things ; for the defendant has put us in such a position, that, as I stated in the outset, we have not even a hope of enjoying that privilege of speech which is accorded to aliens. In order then that, if we can get nothing else, we may have at least the consolation of seeing the defendant remain quiet, I beseech you to give us redress; to have compassion on * those members of our family who have died for their country; to compel Theocrines to make his defence on the question raised by the information, and judge his speech with the same severity which he adopted as our accuser. For he, after deceiving the jury, refused to propose any moderate penalty for my father, though I made many entreaties, and fell at his knees in supplication ; but, as if my father had betrayed the commonwealth, he proposed that my father should pay a i See Thucydides, viii. 8992 ; from which it would appear that the orator refers this act of Aristocrates to the wrong period. AGAINST NE^JRA. 237 penalty of ten talents. I therefore implore and beseech you to pronounce a righteous verdict. Come forward any one, that has anything to say, and plead for me. Step up on the platform. THE ORATION AGAINST NE^IRA. THE ARGUMENT. THERE was a law at Athens, enacting that any foreign woman, who lived in wedlock with a citizen should, upon conviction, be sold for a slave ; and the man who lived with her was subjected to a penalty of a thousand drachms. Under this law Neaera was indicted for having lived with Stephanus and passed as his wife ; she not only being a foreigner, but having been from her girlhood a slave and a prostitute. The prosecution is got up by Apollodorus and his brother-in-law, The- omnestus, in revenge for former injuries done them by Stephanus. He had indicted Apollodorus for having moved a decree enabling the Athenians to apply their surplus revenue to military purposes, and on that indictment he had procured his conviction and sentence. (See volume iii. p. 370.) He had also brought a false accusation of murder against Apollodorus, upon which he was acquitted. Theom- nestus, in revenge for this, instituted the present proceeding, accusing Stephanus not only of having lived in wedlock with Neaera, but of having entered her sons as his own in the registers of his clan and township, and of having twice given her daughter in marriage to Athenian citizens. Theomnestus having briefly opened the case, Apollodorus comes for- ward as advocate, and states the history of Neaera's life, her con- nexion with Stephanus, and the various illegal acts of which they were guilty. Neaera, at a very early age, was one of seven girls in the establishment of Nicarete, a procuress at Corinth. Here she had several lovers who took her into partial keeping, till she was purchased by two persons, Timanoridas and Eucrates. From them she was redeemed by the aid of Phrynio, a profligate young Athenian, who removed her to Athens, and then lived with her in a most indecent manner, till she, irritated by his ill usage, ran away, taking with her some of his effects, to Megara. After residing there two years, she fell in with Stephanus, who brought her back to Athens, promising to live with her as his wife and bring up her three children as his own. Phrynio, discover- ing that she was in Athens, claimed her as his slave and took legal proceedings to get possession of her; Stephanus resisted, and the dispute was referred to arbitrators, who decide that Neaera was a free woman, but that she should restore to Phrynio his property, and that she should live with him and with Stephanus alternate days. Phrynio seems shortly after to have abandoned his privilege, and Nesera re- 238 THE ORATIONS OP DEMOSTHENES. sided exclusively with Stephanus, who made a living by her prostitu- tion, sometimes extorting money from rich lovers under pretence of their being caught in adultery with a married woman. He repre- sented her children to be his own, introducing the two sons to the members of his clan and township, and giving her daughter, Phano, in marriage to an Athenian citizen named Phrastor, who afterwards, discovering the imposture, put her away, and when Stephanus sued him for alimony, as he had not returned her portion, preferred an indictment against Stephanus for giving a foreign woman in marriage to him. Stephanus was glad to compound the matter by dropping his action. Phrastor had a child by Phano, whom he was persuaded to introduce to his clan and family, but the members of the family rejected him, and Phrastor dared not take an oath affirming the child's legitimacy. Phano, while in the house of Stephanus, followed her mother's practices. An anecdote is related of one Epsenetus, an Andrian, who being caught in Phano's bedroom by Stephanus, and charged with adultery, promised to pay him thirty minas and gave sureties for that sum, but afterwards discovered the fraud, and in- . dieted Stephanus for false imprisonment ; the case was referred and compromised. Phano was a second time given in marriage to Theo- genes, the king-archon, who had appointed Stephanus to be his assessor. The wife of the king-archon was required by law to be a person of pure Attic blood, and to have been married a virgin, as she had to officiate at some of the most solemn sacrifices. (See volume iii. page 258.) That such a person as Phano should even be present at any such ceremony, was a breach of the law, she being an adulteress, who was excluded from the temples and public worship : (volume iii. page 348.) The Areopagites, learning who Phano was, imposed a fine on Theogenes, and censured him in private : he then put his wife away, and dismissed Stephanus from his office of assessor. Apollodorus, after stating these various facts, reminds the jury of the great care which the laws took to preserve the purity of Attic descent, and to allow none but meritorious persons to receive the gift of citizenship. Stephanus had fraudulently conferred civic rights on persons of the most infamous character, thereby not only breaking the law, but disgracing the city and insulting the gods. It was necessary to bring these parties to justice, for the sake of example, and to preserve the public morality. The defence expected to be set up by Stephanus was, that he had kept Neaera as a concubine only, and that the children were not hers, but his by a deceased wife of Athenian birth. Apollodorus produces evidence to confute this assertion. This Stephanus is not the same as the one sued by Apollodorus for false testimony, as appears from internal evidence. The oration, though probably not the work of Demosthenes, is thought to be a genuine production of some contemporary, and to present a correct picture of the vices of the day. Here Becker found a good part of the materials for scene ii. of his Charicles. The connexion of Demosthenes with Apollodorus, and the mention of him as a witness in the cause, may perhaps have been the reasons why the speech was ascribed to him. Most of the ancient critics, as Dionysius, Photius, AGAINST NE^ERA. 239 Harpocration, Libanius, consider the oration to be spurious; and modern critics in general, excepting Reiske and Auger, concur in that opinion. Taylor says : "Si auctoritati cedendum esset, nulla foret inter orationes Demosthe- nicas, quam tanta facilitate expungi sinerem, quanta illam, quam jam tractare incipio. Pleni sunt antiquorum criticorum libri gravissimis de ista causa suspicionibus. " Me profecto non pudet dicere, opus esse putidissimum, nullius aut decoris aut gravitatis : et praeter naevos orationis, quibua passim scatet, nihil ibi dictum quod lectorem percellere aut allicere aut morari demum potest. Est autem oratio satis antiqua et videtur ad usum forensem fuisse conscripta, non ad ostentationem aut ad imita- tionem concinnata. Passim inter adnotandum suspiciouibus meis auctoritatem addidi, inde lector meus jndicium capere poterit, jure an injuria agam, cum hsec futilia non amplectar." Reiske : "Nihil video causse cur haec oratio Demostheni abjudicetur, neque re- perio in tota hac oratione quicquam oratore nostro indignum, cui earn omni modo ereptum it Taylorus, sed meras ille nugas agens." Auger : "D'auciens critiques ne pensent pas que ce discours soit de De'mosthene; ils le tiennent trop foible et trop lache. II est vrai qu'il y a des lon- gueurs ; la digression sur les Flattens sur-tout est trop de'taille'e : cependant il n'est pas indigne de De'mosthene, et il pourrait etre de lui. Comme il le composoit pour un autre, peut-etre avait-il affecte' d'y laisser quelques negligences, et s'y dtait-il permis un peu de diffusion." Schafer : "Reiskiua omnibus nititur viribus tit hanc orationem a Demosthene scriptam esse pervincat. Sed multum vereor ne incassum contenderit." Becker and Pabst agree with Schafer. MANY were the reasons, men of Athens, which urged me to prefer this indictment against the defendant Nesera, and to bring the case before you. We have suffered grievous injuries from Stephanus, and have been brought by him into the utmost peril, both my father-in-law and myself, and my sister and my wife ; so that I enter upon this trial not as an attack- ing party, but by way of retaliation ; for Stephanus first began the quarrel, without having sustained any harm from us either in word or deed. I wish first to explain to you the injuries which he has done us, that you may make the more allowance for my resentment, and to show you the imminent risk we ran of losing our country and our franchise. When the people of Athens passed a decree, bestowing citizenship upon Pasion and his descendants, on account of services to the state, my father approved of the people's gift, 240 THE ORATIONS OP DEMOSTHENES. and chose Apollodorus, Pasion's son, for the husband of his daughter, my sister. The children that Apollodorus has are by her. Finding that Apollodorus behaved well to my sister and to all of us, and that he regarded us really as his connexions, and as entitled to share in all that he possessed, I took his daughter, my own niece, for my wife. In course of time Apollodorus was drawn for member of the council. After he had passed his probation and sworn the customary oath, there came a war, and a crisis of the utmost importance to the commonwealth. It was of this nature, that in case of success you became the greatest of all Greek people, you to a certainty recovered your own possessions, and subdued Philip ; or, if your succours arrived too late, and you abandoned your allies, the army being broken up for want of money, you would at once destroy them, and lose the confidence of the rest of the Greeks, and risk the loss of your remaining possessions, Lemnos and Imbrus and Scyrus and the Chersonese. You were then about to send the whole force of the commonwealth to Eubcea and Olynthus. At this crisis Apollodorus framed a decree in the council, and, when it had received their sanc- tion, brought it before the popular assembly, proposing that the people should decide whether they would apply the surplus of the public expenditure to military or to theoric purposes. The laws prescribed that, when there was war, the surplus of the public expenditure should be applied to military purposes, and Apollodorus considered that the people ought to have full power to deal as they pleased with their own, and he had sworn also to act in the council for the advantage of the Athenian people, as you all bore witness upon that occa- sion. For, when the division took place, there was not a man who opposed the application of the fund to military purposes ; and even now, whenever the thing is talked about, it is universally admitted that Apollodorus gave the best advice and was unjustly treated. Your resentment, therefore, should fall not upon the juries who were deceived, but on the speaker who deceived them. Stephanus, our opponent, indicted that decree as illegal, and brought the case before a jury. He produced false wit- nesses to establish his calumnious charge, made various accu- sations not included in the indictment, and so got a verdict against the decree. AGAINST NE^RA. 24.1 That he should have chosen to do this, I do not so much complain. But when the juries received their ballot-balls to assess the penalty, and we implored his clemency, he refused, and proposed a fine of fifteen talents, in order that he might deprive Apollodorus of his franchise, and reduce his children and my sister and all of us to the extremity of distress and poverty. For the property of Apollodorus did not amount to anything like three talents, so that it would have been impossible to pay so heavy a fine ; and, if the fine had not been paid by the ninth presidency, it would have been doubled, and Apollodorus would have been entered as owing thirty talents to the treasury ; and upon his being entered as debtor to the treasury, his whole property would have been scheduled as belonging to the state, and then it would have been sold, and he and his children and his wife and all of us would have been reduced to the extremity of distress. And further, his other daughter could not have been given in marriage : for who would ever have taken a portionless girl from a father who was in poverty and indebted to the state 1 Such were the calamities that Stephanus was bringing upon us all, without having ever been injured by us ! To the jury who then sat in judgment I am deeply grateful, that they did not suffer Apollodorus to be exterminated, but imposed the fine of a talent only, so that he was able (with some difficulty) to pay it : but as for Stephanus, we have sought, as is just, to pay him off in his own coin. For he not only tried to destroy us in this way, but wished to drive Apollodorus into exile from his country. He brought a false charge against him, [that he had been indebted to the treasury for five and twenty years, and also] l that he had once gone to Aphidna in search of a runaway slave that belonged to him, and that he had there given a blow to a woman, and that she had died of it ; and he suborned some slaves and got them to represent that they were Cyrenseans, and gave notice to Apollodorus to appear on a charge of murder in the court of Palladium. And Stephanus con- ducted the prosecution, and affirmed on oath that Apollodorus had killed the woman with his own hand, imprecating destruc- tion upon himself and his race and his house, affirming facts which never took place, and which he never saw nor heard 1 This clause appears to be an interpolation. VOL. V. R 242 THE ORATIONS OB DEMOSTHENES. from any human being. It was clearly proved that he had committed perjury and brought a false accusation ; he was shown to have been hired by Cephisophon and Apollophanes, to have received a sum of money to procure the banishment or disfranchisement of Apollodorus ; and so, having got but a small number of votes from a jury of five hundred, he left the court stigmatised as a perjured man and a scoundrel. Now consider in your own mind, men of the jury, and ask yourselves this what I could have done with myself and my wife and my sister, if Apollodorus had suffered any of the injuries which Stephamis plotted to inflict upon him, either in the first or the second prosecution what disgrace, what calamity must have befallen me ! I was exhorted on all sides by people who came to me privately, to take vengeance on him for the injuries which he had done us. They reproached me, saying I should be the greatest coward in the world, if, being so close a connexion of these persons, I did not redress the wrongs of a sister and a father-in-law and sister's children and a wife and if I did not bring before you a person who was guilty of such flagrant impiety to the gods, such an out- rage upon the commonwealth, such contempt of your laws and if I did not prosecute and convict her of crime, and thus enable you to deal with her as you pleased. I have therefore come before you and, as Stephanus attempted to deprive me of_my relations contrary to your laws and decrees, so am I come to prove to you that Stephanus has been cohabiting with a foreign woman contrary to the law, and has introduced strange children to his clansmen and fellow-townsmen, and has been giving in marriage the daughters of loose women as his own, and has committed impiety to the gods ; and that he deprives the people of their rightful privilege to create what citizen they please : for who will hereafter seek to obtain citizenship as a gift from the people, with heavy expense and trouble, when he may get it from Stephanus at a less expense and with the same advantage *? I have thus explained to you the injuries done me by Stephanus, which have provoked me to bring this indictment against him. I must now proceed to show, that the defendant Neaera is an alien, and that she has been living with Stephamis as his wife, and that she has violated the laws of the state in many ways. I have to ask a favour of you, men of the jury, AGAINST NE^ERA. 243 which it becomes me to ask, being a young man and having no experience in public speaking ; that you will allow me to call Apollodorus to be my advocate upon this trial. For he is older than myself, and has more knowledge of the laws, and he has been injured by my opponent Stephanus, and he has given close attention to all these matters ; so that there can be no prejudice against him for retaliating on the party who first attacked him. It will be your duty to learn from the mouth of truth itself the real character both of the accu- sation and the defence, and then to pronounce such verdict as the gods and the laws and justice and your own interests demand. [Apollodorus comes forward as advocate and speaks the remainder of the oration.] The injuries done me by Stephanus, which have induced me to appear at the bar to accuse Nesera the defendant, you have heard, men of Athens, from Theomnestus. That Nesera is an alien, and that she lives with Stephanus as his wife con- trary to the laws, I shall proceed to show you clearly. First he shall read you the law, under which Theomnestus preferred this indictment and the present cause comes before you. THE LAW. " If an alien shall live as husband with an Athenian woman by any device or contrivance whatsoever, it shall be lawful for any of the Athenians, who are possessed of such right, to indict him before the judges. And if he is convicted, he shall be sold for a slave and his property shall be confiscated, and the third part shall belong to the person who has convicted him. And the like proceedings shall be taken, if an alien woman live as wife with an Athenian citizen, and the citizen who lives as husband with an alien woman so convicted shall incur the penalty of a thousand drachms." You have heard the statute, men of the jury, which declares that a foreign woman shall not cohabit with a citizen, nor an Athenian woman with a foreigner, and that such parties shall not beget children together, by any device or contrivance what- soever. And if any persons violate this law, it has given an indictment against them before the judges, against both a foreign man and a foreign woman, and it enacts that any such person, upon conviction, shall be sold as a slave. Now R2 244 THE ORATIONS OF DEMOSTHENES. then I will show you the history of this Neaera's life from the beginning, and prove beyond all question, that she is an alien. There were seven girls purchased at an early age by Nica- rete, a freedwoman of Charisius the Elean, and wife of his- cook Hippias, who was an excellent judge of young girls that had a good figure, and knew how to bring them up and train them properly : that indeed was her business, and she got her livelihood by it. She called them by the name of daughters, that she might pass them off as free-born girls, and obtain the highest possible prices from men who sought to have con- nexion with them. After she had made her profit of their youthful charms, she sold the whole lot of them together., seven in all, Antia, Stratola, Aristoclea, Metanira, Phila, Isthmias, and Neaera, the defendant in this cause. How they were severally purchased, and how they were set free by the persons who bought them from Nicarete, I will tell you in the course of my address, if you desire to hear it and if I have water enough remaining in the glass. I must now return to Nesera the defendant, and show you that she belonged to Nicarete, and prostituted herself to any men who desired to have connexion with her. Lysias the sophist, being a lover of Metanira, wished, in addition to other expenses which he incurred for her sake, to initiate her ; considering that her mistress got the benefit of what he spent in other ways, but what he expended for her on the festival and the mysteries would be a personal remunera- tion to the girl. He therefore requested Nicarete to come to the mysteries and bring Metanira, that she might be initiated, and he promised himself to initiate her. When they arrived here, Lysias did not bring them to his own house, having too much respect for his wife, who was the daughter of Brachyllus and his own niece, and also for his mother, who was advanced in age and dwelt under the same roof : but he lodged them (Metanira and Nicarete) in the house of Philostratus of Colonus, an unmarried youth and a friend of his. Nesera the defendant accompanied them. She had already begun the trade of a prostitute, although she was scarcely of the proper age. To prove these facts that Nesera was a slave of Nica- rete, and that she followed in her train, and that she prosti- tuted her person to any one that chose to pay for it I will call Philostratus himself before you as a witness. AGAINST NE^RA. 245 THE DEPOSITION. " Philostratus, son of Dionysius, of Colonus, deposes, that he knows, that Neaera was a slave of Nicarete, to whom Metanira also belonged, and that she lodged at his house, when they came to Athens to the mysteries, being at that time resident at Corinth; and that Lysias, the son of Cephalus, an intimate friend of his brought them to his house." Again, men of Athens, after this, Simus the Thessalian came here with Nesera, to the great Panathensea. Nicarete came with her, and they lodged with Ctesippus, the son of Glauconides, of Cydantidse : and the defendant Neaera drank and dined with them in the presence of company, just as a loose girl would do. I will call witnesses before you to prove my statements. Please to call Euphiletus, son of Simon, of Aixone, and Aristomachus, son of Critodemus, of Alopece. WITNESSES. " Euphiletus, son of Simon, of Aixone, Aristomachus, son of Critodemus, of Alopece, depose, that they know that Simus the Thessalian came to Athens to the great Panathenaea ; and that Nicarete and Nesera, the defendant in this cause, came with him ; and that they lodged with Ctesippus the son of Glauconides, and that Nesera drank with them, as a loose girl would do, in the presence of many other guests of Ctesippus." After this she openly lived as a woman of ill fame at Corinth, and acquired much celebrity ; and she had various lovers, and (among others) Xenoclides the poet, and Hippar- chus the actor, who took her on hire. To prove the truth of my statement I am not able to produce to you the testimony of Xenoclides, who is not permitted by the laws to give evidence : for when you, under the advice of Callistratus, resolved to assist the Lacedaemonians, he opposed the vote of succour in the assembly, 1 after having farmed the two per cent. 1 " Commemorantur hie tres causse sat graves probabilesque, cur Xenoclides existimarit ab hac expeditione sibi cessandum esse : (1) quod illi expedition!, cum adhuc deliberations agitaretur, adversatus esset eamque dissuasisset ; (2) quod per muneris sui negotia ne mensem quidem urbe abesse posset, quippe qui vectigal frumenti redemisset, quod frumentum e Ponto, Sicilia, et ^Egypto in portum Atticum invehe- batur : debebat autem hoc vectigal menstruis ferme portionibus per prytanias, h.e. nova quaque prytania ineunte dependi; (3) quod legea 246 THE ORATIONS OF DEMOSTHENES. corn-duty in time of peace, and being bound to make his payments into the council-chamber in every presidency, and having an exemption by the laws, he did not go out on that expedition, and was therefore indicted by Stephanus for neglect of military duty, and being denounced by his accuser in court, he was convicted and deprived of his franchise. Don't you think it monstrous, that this Stephanus, after taking away the privilege of speech from genuine and natural- born citizens, should force into you-r community people who don't belong to it, in defiance of all the laws? I will call Hipparchus himself before you, and compel him to depose or take the oath of disclaimer according to law, or I will sub- poena him. Please to call Hipparchus. THE DEPOSITIONS. "Hipparchus of Athmonia, deposes, that Xenoclides and himself hired Nesera, the defendant in this cause, at Corinth, as a girl who prostituted her person for money, and that Neaera used to drink at Corinth with him and Xenoclides the poet." After this she had two lovers, Timanoridas the Corinthian, and Eucrates the Leucadian, who, as Nicarete was extravagant in her demands, requiring them to defray all the daily ex- penses of her household, paid down thirty minas to Nicarete as the price of Neaera's person, and purchased her out and out from her mistress, according to the law of that city, to be their slave. And they kept her and made use of her as long as they liked. But, when they were about to marry, they gave her notice, that they did not wish to see her, who had been their mistress, living by prostitution or kept in a brothel at Corinth ; but they would be glad to receive less money from her than they had paid and to see her doing something for her own advantage. They offered therefore to allow her a thousand drachms, five hundred each, towards the purchase redemptori hujus vectigalis vacationem a militia darent. Propter has tres causas itaque Xenoclides domi manserat, et nihilominus tamen a Stephano accusatus mulctatus est." Reiske. " Vere Reiskius, nisi quod quam primam dixit causam sic finire debuit; quod expeditionis adversatus est, ut qui vectigal frumenti pacis tempore redemisset sub conditionibus, quas bellum susceptum fcolleret. Alioqui r6 avreiirtiv non potuit excusare r& OVK tf \0eiv." Schafer. AGAINST NE^RA. 247 of her freedom ; and told her to raise the twenty minas to pay them. Upon this intimation from Eucrates and Timano- ridas, Nesera sends to divers of her former lovers, asking them to come to Corinth; and (among others) she sends to Phrynio l of Pseania, the son of Demon and brother of Demochares, a man who lived an extravagant and licentious life, as the oldest of you remember. Phrynio came to her, and she told him the offer which I have mentioned, made to her by Eucrates and Timanoridas ; she gave him the amount Of the contributions which she had collected from her other lovers to purchase her freedom, together with her own savings, and asked him to advance the remainder, that was yet wanting to make up the twenty minas, and pay it to Eucrates and Timanoridas for her enfranchisement. He was delighted to hear this proposal from her ; he took the money which had been contributed for her by her other lovers, made up the remainder himself, and paid the twenty minas to Eucrates and Timanoridas to purchase her freedom, on the condition that she should not exercise her trade at Corinth. To prove the truth of my statements, I will call this man who was present as a witness before you. Please to call Philagrus of Melita. THE DEPOSITION. "Philagrus of Melita deposes, that he was present in Corinth, when Phrynio, the brother of Demochares, paid down twenty minas as the purchase money of Nesera, the defendant in this cause, to Timanoridas the Corinthian and Eucrates the Leucadian : and having paid the money, he took away Nesera to Athens." After he had brought her to Athens, he lived with her in a most indecent and reckless way, took her everywhere with 1 " Phrynio hie cognatus erat Demosthenis. Unde tanto fit probability a Demosthene conscriptam esse hanc orationem, prsesertim cum Apollo- dorus idem et idem Stephanus partes hie suas agaut, quorum pro illo tot alise exstant Demosthenis orationes, et contra hunc duae : quas orationes nemo unquam in dubium vocavit quin sint nostri oratoris." Reiske. " Mirabilis vero hsec est argumentatio. Quiu tanto fit improbabilius a Demosthene conscriptam esse hanc orationem. Quis enim, qui quidem cordatus sit, in animum facile inducat cognatum ut d