Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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29.52If, 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.” 29.53This 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.Witnesses

29.54Do 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.Deposition

29.55How 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; 29.56that Aphobus himself has, at my summons, given against Demo, note 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; 29.57that 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. 29.58If 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. 29.59The 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, note 29.60the 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.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 29.46 Dem. 29.56 (Greek) >>Dem. 30.1

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