On The Property Of Eraton: Against the Treasury

Perhaps some of you, gentlemen of the jury, suppose that, since I desire to be a person of some account, I must be able to excel others in speaking: but, so far from my being competent to speak on matters that do not concern myself, I fear that, even on matters of which I am obliged to speak, I may be unable to say what is needful. I believe, however, that if I can give you the full story of our dealings with Eraton and his children, you will easily form therefrom a proper judgement on the claim now put forward. So let me tell it you from the beginning.

Eraton, father of Erasiphon, borrowed from my grandfather two talents. To show that he received this money, and that it was the amount of the loan that he requested, I will produce to you witnesses before whom the money was paid. As to the use that he made of it, and the profit that he got, those who know better than I, as having been in touch with his business, will relate and testify it to you. Please call witnesses.

WitnessesNow as long as Eraton was alive, we duly received our interest and the terms of agreement were kept; but when he died, leaving three sons—Erasiphon, Eraton and Erasistratus,—these persons ceased to give us our rightful dues. During the war,[*](The time of the struggle between the thirty oligarchs and the democracy, between 404-403 B.C.) of course, as there were no suits at law, we were unable to make them pay what they owed; but when peace was made, as soon as civil suits began to be tried, my father got permission to proceed against Erasistratus for the whole debt, as he alone of the brothers was resident here, and obtained a verdict against him in the archonship of Xenaenetus.[*](401-400 B.C.) I will produce to you witnesses of these facts also. Please call witnesses.

WitnessesThat the property of Eraton should of right be ours is easily understood from these statements, but that the whole is being confiscated appears from the actual inventories; for these have been compiled in detail by three and even four persons. Surely it is obvious to everyone that they would not have omitted any other property of Eraton’s available for confiscation, when they were entering all the property of Eraton, including even the part that has belonged to me for a long time past. Well, that it is not possible for us to recover anything even from the other side, once you have confiscated this property, I consider obvious;

but now let me tell you how I have treated you,[*](The jury are addressed as representing the State.) as distinct from private persons, in the conduct of this dispute. As long as the relatives of Erasiphon were contesting this property, I claimed the whole as mine, because Erasistratus lost his case when he pleaded against my father’s suit for the whole debt; and for the last three years I have let out the property at Sphettus,[*](A township of the tribe Acamantis in the south of Attica.) but over the property at Cicynna[*](A township of the tribe Acamantis in the south of Attica.) and the house there I was at law with the occupiers. Last year, however, they got my suit quashed by alleging that they were sea-traders[*](As such they could only be tried before a nautical court.); but at present, although I was permitted to bring proceedings in the month of Gamelion,[*](December-January.) the nautical court has not decided the case.

Now that you have seen fit to confiscate the property of Erasiphon, I relinquish two thirds to the State, and claim that the property of Erasistratus be adjudged to me, because it is this property that your previous decision has already made ours. So I have limited my share to one-third of their property, making no exact calculation, but leaving much more than two-thirds to the Treasury.

This is easily concluded from the valuation which has been attached to the schedule of the property. For they have valued the whole at more than a talent, whereas to one of the properties for which I am suing I attached five minae, and to the other[*](One at Sphettus and one at Cicynna.) a thousand drachmae: [*](A talent was 6000 drachmae, and a mina 100 drachmae. He asks for a value of 15 minae—one eight of the two talents originally lent to Eraton.) if they are worth more than those amounts, the surplus after they have been sold by auction will go to the State.

And to convince you of the truth of this I will produce to you, as witnesses, first the persons who rented from me the estate at Sphettus, then the neighbors of the place at Cicynna, who know that we have been contesting it for the last three years, and next the magistrates of last year, before whom the suits were authorized to be heard, and the present judges of the nautical court.

You will also have these inventories read to you: for they above all will convince you that our claim to this property is no recent matter, and also that today we are contesting with the Treasury an amount that compares favorably with that which we formerly contested with private persons. Please call witnesses.

WitnessesThat there is no injustice, gentlemen, in my claiming your verdict on the property in question, but rather that I have relinquished to the State a great part of my own property before claiming this restoration, has been clearly proved. And now I deem it just to lay my request before you and also before the Commissioners[*](Of Revenue.) in your presence.