Against Diogeiton

Lysias

Lysias. Lamb, W.R.M., translator. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1930.

I went first and expressed my indignation to Hegemon, the husband of this man’s daughter; I then discussed the matter with the other relations; and I called upon this man to allow his handling of the money to be investigated. Diogeiton at first refused, but finally he was compelled by his friends. When we held our meeting, the mother asked him what heart he could have, that he thought fit to take such measures with the children, when you are their father’s brother, she said, and my father, and their uncle and grandfather.

Even if you felt no shame before any man, you ought to have feared the gods. For you received from him, when he went on the expedition, five talents in deposit. I offer to swear to the truth of this on the lives of my children, both these and those since born to me, in any place[*](i.e., in some temple.) that you yourself may name. Yet I am not so abject, or so fond of money, as to take leave of life after perjuring myself on the lives of my own children, and to appropriate unjustly my father’s estate.

And she convicted him further of having recovered seven talents and four thousand drachmae of bottomry loans, and she produced the record of these; for she showed that in the course of his removal from Collytus[*](A district to the north of the Acropolis.) to the house of Phaedrus the children had happened upon the register, which had been mislaid, and had brought it to her.

She also proved that he had recovered a hundred minae which had been lent at interest on land mortgages, besides two thousand drachmae and some furniture of great value; and that corn came in to them every year from the Chersonese.[*](Where evidently the 2000 drachmae invested by Diodotus (see Lys. 32.6) brought in an annual supply of corn as interest.) After that, she said, you had the audacity to state, when you had so much money in your possession, that their father bequeathed them two thousand drachmae and thirty staters,—just the amount that was bequeathed to me, and that I gave you after his decease!

And you thought fit to turn these, the children of your daughter, out of their own house, in worn-out clothes, without shoes or attendant or bedding or cloaks; without the furniture which their father bequeathed to them, and without the money which he had deposited with you.

And now you are bringing up the children you have had by my step-mother in all the comforts of affluence; and you are quite right in that: but you are wronging mine, whom you ejected from the house in dishonor, and whom you are intent on turning from persons of ample means into beggars. And over proceedings of this sort you feel neither fear of the gods nor shame before me who am cognizant of the facts, nor are you mindful of your brother, but you put money before us all.

Thereupon, gentlemen of the jury, after hearing all the severe things spoken by the mother, the whole company of us there were so affected by this man’s conduct and by her statements,—when we saw how the children had been treated, and recalled the dead man to mind and how unworthy was the guardian he had left in charge of his estate, and reflected how hard it is to find a person who can be trusted with one’s affairs,—that nobody, gentlemen, among us there was able to utter a word: we could only weep as sadly as the sufferers, and go our ways in silence. Now, first, will you come forward, witnesses, to support what I say.

WitnessesWell, gentlemen of the jury, I ask that due attention be given to this reckoning, in order that you may take pity on the young people for the depth of their misfortune, and may consider that this man deserves the anger of everyone in the city. For Diogeiton is reducing all men to such a state of suspicion towards their fellows that neither living nor dying can they place any more confidence in their nearest relations than in their bitterest enemies;

since he has had the face to deny one part of his debt and, after finally confessing to the rest, to make out a sum of seven talents of silver and seven thousand drachmae as receipts and expenses on account of two boys and their sister during eight years. So gross is his impudence that, not knowing how he should enter the sums spent, he reckoned for the viands of the two young boys and their sister five obols a day[*](At this period the daily cost of food for an adult could be reckoned at one obol: in the present case, for the food (other than cereal) of three children, the charge of five obols is at least twice what it should be. A more reasonable scale is suggested by the speaker at Lys. 32.28 below.); for shoes, laundry and hairdressing he kept no monthly or yearly account, but he shows it inclusively, for the whole period, as more than a talent of silver.