On the Estate of Dicaeogenes

The arbitrators said, that if they could effect a compromise without putting themselves under an oath, they would do so; otherwise they would themselves also take an oath and declare what they regarded as just. The arbitrators interrogated us many times and learnt the facts. The two whom I had proposed, Diotimus and Melanopus, expressed their readiness, with or without an oath, to declare what they regarded as the truth in the statements; but the arbitrators whom Leochares had proposed refused to do so.

Yet Diopeithes, one of the two arbitrators,[*](i.e., as the context shows, one of the two arbitrators nominated by the speaker's opponents.) was brother-in-law of Leochares here and a personal enemy of mine, and had been my opponent in other actions regarding contracts, while Demaratus, his colleague, was a brother of Mnesiptolemus, who acted with Leochares as surety for Dicaeogenes (III.). These men, however, refused to pronounce their opinion, although they had made us swear that we would abide by whatever they themselves decided. Of these facts I will now produce witnesses before you.

Witnesses

Is it not extraordinary, gentlemen, that Leochares should ask you to absolve him where Diopeithes his brother-in-law condemned him? Or how can it be right for you to acquit Leochares when even his relatives did not acquit him?[*](i.e., by refusing to give an opinion in his favor.) I beseech you, therefore, to condemn Leochares, in order that we may recover what our forefathers left to us and possess not merely their names but their property also. The personal property of Leochares we do not covet.

Dicaeogenes (III.), gentlemen, has no claim to your pity for misfortune or poverty, nor does he deserve any kindness for having done any good service to the city; he has no title to your consideration on either of these grounds, as I will prove to you, gentlemen. I will show you that he is at once rich and the meanest of men in his relations both to the city and to his kinsmen and to his friends. Having received by your verdict the property which brought in a yearly revenue of eighty minae, and having enjoyed it for ten years, he refuses to admit that he has saved money out of it nor can he show how he expended it, gentlemen.

It is well worth your while to look into the matter. He acted as choregus for his tribe at the Dionysia and was fourth; as choregus in the tragic contest and Pyrrhic dances he was last.[*](In the dithyrambic contests the competition was by tribes, thus the chorus of which Dicaeogenes was choregus was placed fourth out of ten competing choruses. The tragic competition was between three choruses, not organized on a tribal basis. The Pyrrhic or Warrior Dance was executed at the Panathenaic festival; there is no evidence as to the number of competing choruses.) These were the only public services which he undertook and then only under compulsion, and this was the fine show he made as choregus in spite of his great wealth! Moreover, though so many trierarchs were appointed, he never acted in this capacity by himself nor has he ever been associated in it with another[*](After the battle of Aegospotami (405 B.C.) two citizens might jointly equip a vessel of war.) in all those years of crisis; yet others possessing less capital than he has income, act as trierarchs.

Yet, gentlemen, his large fortune was not bequeathed to him by his father but given to him by your verdict; so that, even if he were not an Athenian citizen, he was in duty bound for this reason alone to do the city good service. Though so many extraordinary contributions for the cost of the war and the safety of the city have been made by all the citizens, Dicaeogenes (III.) has never contributed anything, except that after the capture of Lechaeum,[*](One of the harbors of Corinth which was captured by the Spartans in 392 B.C.) at the request of another citizen, he promised in the public assembly a subscription of 300 drachmas, a smaller sum than Cleonymus the Cretan.[*](i.e., one who was not even an Athenian citizen.)

This sum he promised but did not pay, and his name was posted on a list of defaulters in front of the statues of the Eponymous Heroes,[*](The statues of the heroes who gave their names to the ten tribes stood below the north side of the Areopagus and above the Metroum and the Council Chamber (Paus. 1.5.1).) which was headed: “These are they who voluntarily promised the people to contribute money for the salvation of the city and failed to pay the amounts promised.” Indeed, gentlemen, what ground is there for astonishment that he deceived me, a single citizen, when he acted in this manner towards all of you united in assembly? Of these facts I will now produce witnesses before you.

Witnesses

Such are the manner and extent of the public services which Dicaeogenes has rendered to the city out of so large a fortune.

Towards his relatives he is the sort of man that you see; some of us he robbed of our property because he was stronger than we were, others he allowed to resort to paid employment through lack of the necessities of life. Everyone saw his mother seated in the shrine of Eileithyia[*](The goddess of childbirth. In his edition, Reiske (Leipzig, 1773) conjectures that the speaker is insinuating that Dicaeogenes committed incest with his own mother.) and calling down upon him reproaches which I am ashamed to mention but which he was not ashamed to justify.