Against Aphobus III

But of the many witnesses who testified against you, what one have you sued for false testimony? Tell us. But you cannot. Yet you plainly convict yourself, and prove that you lie when you declare that you have been outrageously treated, and that you lost the suit unjustly, because this man was not given up to you—you who made no charge of giving false testimony against the witnesses who testified that you received and had in your possession the property, concerning which you demanded Milyas for torture to prove that it was never left us. If you had really been wronged, it would have been more fitting to proceed against them. But you were not wronged, and are bringing a baseless suit out of malice.

There are many points from which one may see your rascality, but most of all if one hears how you acted regarding the will. For although my father, men of the jury, wrote a will containing an inventory of all that he left, with instructions for letting the property, this will Aphobus never gave up to me, lest I should learn from it the value of the estate, and admitted possessing only those items which were so well known that he could not deny that he had them.

The will, according to his statement, contained these provisions: that Demophon should at once receive two talents, and should marry my sister when she should come of age (this would be in ten years); that Aphobus himself should have eighty minae with my mother, and the house to live in; and that Therippides should enjoy the interest on seventy minae until I should reach manhood. All the rest of the property left to me apart from these items, and the clause regarding the letting of the estate, he suppressed from the will, not thinking that it was to his interest that these matters should be made known in your court.

However, since it was admitted by Aphobus himself that my father on his death-bed gave to each of these men such large sums of money, the jurymen at the former trial considered these admissions to be a proof of the size of the estate. For when a man gave out of his estate four talents and three thousand drachmae by way of marriage-portion and legacy, it was plain that he took these sums, not from a small estate, but from one (bequeathed to me) of more than double this amount.

[*](The following passage up to the middle of the section is repeated almost verbatim from Dem. 27.45) For it cannot be supposed that he would wish to leave me, his son, in poverty, and be eager further to enrich these men, who were already wealthy. No; it was because of the size of the estate left to me that he gave to Therippides the interest on seventy minae, and to Demophon that on the two talents—though he was not yet to marry my sister. These moneys it has been proved that Aphobus never gave over to me, nor even an amount slightly less. Part of it he said he had spent, part he had never received, part he knew nothing about, part was in the hands of so-and-so, part was in the house, and of part he could say anything except when and where he had paid it over.

As to his story of money left in the house I shall clearly prove to you that he is lying. This argument he speciously introduced, when it had become clear that the property was large and was unable to show that he had paid it back, in order that it might appear a reasonable inference that I was wrongfully seeking to recover what was already in my possession.

[*](This passage repeats very closely the language of Dem. 27.55-57) If my father had no confidence in these men it is plain that he would neither have entrusted them with the rest of his property, nor, if he had left this money in the way alleged, would he have told them of it. How, then, do they know about it? But, if he had confidence in them, he would not, I take it, have given into their hands the bulk of his property, and not have put them in charge of the rest. Nor would he have entrusted this remainder to my mother to keep and then have pledged her herself in marriage to this man, who was one of the guardians. For it is not reasonable that he should seek to make the money secure through her, and yet put one of the men whom he distrusted in control both of her and of it.

Furthermore, if there were any truth in all this, do you suppose that Aphobus would not have taken my mother to wife, bequeathed to him as she was by my father? He had already taken her marriage-portion—the eighty minae—as though he were going to marry her; but he subsequently married the daughter of Philonides of Melite, from motives of avarice, in order that, in addition to what he had received from us, he might get from him other eighty minae. But, if there had been four talents in the house, and in her custody, as he alleges, don’t you imagine he would have raced to get possession both of her and of them?

Would he have joined with his co-trustees in so shamefully plundering my visible property, which many of you knew had been left me, and have refrained, when he had the chance, from seizing a fund to the existence of which you would not be able to testify? Who can believe this? It is impossible, men of the jury; it is impossible. No; all the money which my father left was indeed buried on the day on which it came into the hands of these men; and the defendant, not being able to tell when and where he paid back any of it, makes use of these arguments, hoping that I may seem to be a rich man, and so meet with no compassion from you.

I have many other charges to make against him, but I have not the right to speak of the injuries I myself have suffered, when the witness is in danger of losing his civic rights. Still I wish to read to you a challenge, for you will know, when you have heard it, that the testimony was true, and that Aphobus, who now declares that he demands Milyas to be examined about all the matters involved in the suit, at first demanded him only in regard to a question of thirty minae; and, furthermore, that he has been put to no disadvantage because of the testimony.

For I, in my desire to refute him in every particular, and in my attempt to make clear to you his tricks and his villainies, asked him how large the sum was regarding which he demanded to examine Milyas, as one who had knowledge of the facts. To this he replied falsely, that it was in regard to the whole amount. Well then, said I, as to this I will give up to you for examination by torture the slave who has the copy of your challenge to me.

If, when I have given oath that you acknowledged the man to be free, and that you so testified against Demo, you will swear to the contrary with imprecations upon your daughter, I release to you the entire sum, for which you shall be shown by the examination of the slave to have at the first demanded Milyas; and the damages which you were condemned to pay shall be lessened by thus much—that is, by the amount in regard to which you demanded Milyas, to the end that you may be found to have been put to no disadvantage by the witnesses.

This challenge I made to him in the presence of many witnesses; but he said he could not accept it. Yet, if a man refused to give this judgement in his own favor, how can it be right for you, who are upon your oaths, to give credence to his words and convict the witnesses, and not rather to regard this man as the most shameless of humankind?

To prove that my words are true, call the witnesses to these facts.

The Witnesses

Do not suppose that while I was ready to take this course, the witnesses did not hold the same opinion. No; they too were ready to place their children by their side, and in confirmation of the testimony they had given, to take an oath with imprecations upon them, if they swore falsely. But Aphobus did not see fit to allow an oath to be given either to them or to me. Instead, he rests his case on arguments subtly planned and on witnesses accustomed to perjury, and thinks thereby easily to mislead you.

So take and read to the jury this deposition also.

The Deposition

How could one prove more clearly than I have proved that we are the object of a malicious charge; that the evidence brought forward against my opponent is true; and that his condemnation was just? I have shown that he refused to examine by torture the slave who wrote the testimony regarding the very things to which he had testified; that his brother, Aesius, has attested the facts which he on his part declares to be false;

that Aphobus himself has, at my summons, given against Demo,[*](Demo was not actually a trustee, but in Dem. 28.15 it is stated that the elder Demosthenes had called him to be present, when, on his death-bed, he had entrusted his affairs and the guardianship of his children to the three named as trustees. He was the father of Demophon, and had very possibly taken part in the management of the trust. Another alternative suggestion is that Demosthenes may have instituted suit against Demo on quite other grounds of which we have no knowledge. This complicated problem is ably discussed by Calhoun, l.c. pp. 88 ff.) his uncle and co-trustee, the same testimony as the witnesses whom he is suing; that he refused to examine my women-servants as to the fact of Milyas being a freeman; that my own mother was ready to give an oath regarding these matters with imprecations upon us; that he refused to accept for examination any one of my other slaves who knew all the circumstances better than Milyas did; that he has not brought a charge of false witness against any one of those who testified that he had the money;

that he did not give over the will, nor let the house, although the laws so bade; and finally that he did not see fit to give an oath, after the witnesses and I myself had sworn, whereby he could have secured release to the amount of the sums regarding which he had demanded Milyas for torture. By heaven, I certainly could think of no better way than this to establish these facts. Yet, plain as it is that he falsely attacks the witnesses; that he suffers no damage from the facts adduced; that he was justly condemned; he still tries to brazen it out.

If it were not that he uses his present language after having at the outset been judged to be in the wrong by his own friends and by the arbitrator, there would be less reason to wonder at all this. But the fact is, that after persuading me to refer the matter to Archeneus and Dracontides and Phanus (the last of whom he is now suing on a charge of giving false witness), he rejected them (having heard them say that, if they decided on oath, they would condemn his conduct as guardian), and appeared before the official arbitrator, who, since Aphobus was unable to clear himself from the charges which I brought, gave judgement against him.

The jury, to whom he then appealed, having heard the case, gave the same decision that his own friends and the arbitrator had given, and fixed the damages at ten talents. This was not, heaven knows, because he had admitted Milyas to be a freeman (for this was nothing to the point), but because, a fortune of fifteen talents having been left me, he had not let the property; because further, he with his co-trustees had the management of the estate for ten years, and agreed on behalf of me, a child, to pay a property-tax at the rate of five minae,[*](See notes b and c on Dem. 27.7) the same rate at which Timotheus, son of Conon, and those possessing the largest fortunes were assessed;

and because, after administering for so long an estate, on which he voluntarily chose to pay so high a tax, he turned over to me, as the amount due from him, property not even of the value of twenty minae, having together with those others robbed me of my whole estate, principal as well as interest. The jurymen, therefore, although they allowed interest on the whole property at the lowest rate, and not that at which estates are ordinarily let, found that these men had robbed me of more than thirty talents, and accordingly fixed the damages against Aphobus at ten talents.