Apollodorus Against Nicostratus

Furthermore, from the following facts also you will see that the men belong to Arethusius. For whenever they bought up the produce of an orchard, or hired themselves out to reap a harvest, or undertook any other piece of farming work, it was Arethusius who made the purchase or paid the wages on their behalf.

To prove that I am speaking the truth, I shall bring before you witnesses to establish these statements also.

The Witnesses

All the evidence which I had to offer to prove that the slaves belong to Arethusius, I have laid before you. I wish, however, to speak also about the challenge which these men tendered me, and which I also tendered them. They challenged me at the preliminary hearing, stating that they were ready to deliver up the slaves, that I myself might put them to the torture, their wish being that this offer should serve as a sort of evidence for their side.

I answered, however, in the presence of witnesses, that I was ready to go with them to the senate, and in conjunction with the senate or the Eleven[*](The board of police commissioners at Athens.) to receive the slaves for the torture, telling them that, if my suit against them had been a private one, I should have accepted the slaves for the torture, if they had offered them, but that, as it was, both the slaves and the information belonged to the state[*](Since Arethusius was a state-debtor.); and therefore the examination by the torture should be conducted by a public official.

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

For if the men had been put to the torture privately by me, everything would have been disputed by these men; but, if publicly, we should have kept quiet, and the officers or those chosen by the senate would have carried on the torture as far as they saw fit. When I made this offer, they declared that they would not deliver up the slaves to the officials, nor would they go with me to the senate.

To prove that I am speaking the truth, (to the clerk) call, please, the witnesses to these facts.

The Witnesses

Their shameless impudence in laying claim to what is yours appears to me manifest on many grounds, but I shall make their character to appear most clearly by a reference to your laws. For these men, when the jurors wished to impose a sentence of death upon Arethusius, begged the jurors to impose a fine in money, and begged me to give my assent to this; and they agreed to be jointly responsible for the payment.

But so far are they from making payment according to their guarantee, that they even lay claim to what is yours. And yet the laws enact that any man’s estate shall be confiscated who, after guaranteeing any sum due to the state, does not make good his guarantee; so that, even if the slaves belonged to them, they ought to be state-property, if the laws are of any use.

And before Arethusius became a debtor to the state, he was admitted to be the richest of the brothers, but since the laws declare his property to be yours, Arethusius is made out to be a poor man, and his mother lays claim to one part of his property, and his brothers to another. If they had wished to act fairly toward you, they should have disclosed the entire estate of Arethusius, and then have filed a claim, if any of their own property had been included in the inventory.

If, then, you reflect that there will be no lack of persons to lay claim to what is yours—for they will either suborn some orphans or heiresses and claim your sympathy, or they will talk about old age and embarrassments and a mother’s maintenance, and by dwelling tearfully upon these matters by which they think they can most easily deceive you, they will try to rob the state of what is due her;—if, I say, you disregard all these tricks, and reach an adverse verdict, you will decide aright.