Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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30.4that, even if any one of you heretofore thought him an honest man, he will learn from the defendant's acts toward me that even in time past he has been, without your knowing it, the basest and most unrighteous of men. I shall show, namely, that he has not only never paid the marriage-portion, to secure which he alleges that the land has been mortgaged, but from the very start has schemed to defraud me of my rights; that, further, the lady, on whose behalf he drove me from the land in question, has not been divorced at all; 30.5and that he is now screening Aphobus, and standing this trial with the purpose of depriving me of what is mine. This I shall show by such strong and manifest proofs, that you will see how just and proper it is that I have instituted this action against him. I shall commence with matters which will best enable you to grasp the facts of the case.

30.6In common with many others of the Athenians, men of the jury, this man was well aware that my guardians were proving false to their trust. Indeed, it became clear very early that I was being wronged, so many were the discussions and arguments regarding my affairs held before the archon and before other officials. For the value of the property left me was well known, and it was pretty clear that the administrators were leaving it unlet in order that they might have the use of the money themselves. There was not a single one, therefore, among those who realized what was going on, who did not expect that I should obtain a judgement for damages from these men, as soon as I should attain my majority. 30.7Among those who from first to last held this opinion were Timocrates and Onetor. Of this I can give you the strongest of proofs. For the defendant wished to give his sister in marriage to Aphobus, seeing that he had got into his hands his own patrimony and mine (which was not inconsiderable) as well; but he had not confidence enough in him to abandon her marriage-portion. It was as if he felt, forsooth, that the property of guardians was a security for their wards. note He did, however, give him his sister, but the portion, Timocrates, who had been her former husband, agreed to keep as a loan with interest at the rate of five obols. note 30.8When I had won my suit against Aphobus in the matter of the guardianship and he still refused to make any just settlement, Onetor did not even try to settle our dispute, but, alleging that his sister had been divorced, and that he was unable to get back her marriage-portion, which he had paid (although he had not paid it, and it was even then in his possession), declared that he had taken a mortgage on the land, and had the effrontery to expel me from it; such was his contempt for me, and for you, and for the laws which were in force. 30.9These, men of the jury, are the facts because of which he is defendant in the present suit, and regarding which you are to cast your vote. I shall bring forward witnesses, and in the first instance Timocrates himself, who will testify that he agreed to hold the dowry as a loan, and that he continued to pay interest on it to Aphobus according to the agreement; also that Aphobus himself acknowledged that he received the interest from Timocrates.

Take the depositions.Depositions

30.10From the very first, you see, it is admitted that the dowry was not paid to Aphobus, and that he did not get it under his control. And it seems very probable that on account of the facts which I have mentioned, they chose to continue as debtors for the dowry, rather than to have it involved in the estate of Aphobus which was sure to be so seriously endangered. For it is impossible for them to claim that poverty prevented their paying it over at once, since Timocrates has an estate of more than ten talents, and Onetor one of more than thirty; so this cannot have been the reason why they have not made an immediate payment. 30.11Nor can they claim that they had property indeed, but no ready money, or that the lady was a widow, and that they therefore hastened to conclude matters without at once paying her portion. For these men are in the habit of lending considerable sums to others, and moreover, the lady was not a widow, but when they gave her in marriage, it was from the house of Timocrates, where she was living with him as his wife; so that there is no reasonable ground why one should accept this excuse either. 30.12Further, men of the jury, I think you would all agree to this, that, in arranging a matter of this sort, anyone would choose to borrow money of another, rather than fail to pay the dowry to his sister's husband. For if a man does not settle this matter he becomes a debtor, regarding whom it is uncertain whether he will meet his just obligations or not; but if together with the lady he gives also what is hers, he becomes a kinsman and a brother-in-law, 30.13for he is not under any suspicion, since he has done all that justice demanded. Seeing that the matter stands thus, and that they were not forced by a single one of the causes which I have mentioned to let this debt stand, and could not have desired to do so, it is not possible to suggest any other excuse for non-payment. It must be for the reason which I have mentioned—that they did not trust Aphobus enough to pay him the dowry. note

30.14I have established this point, then, in this way beyond all controversy; and I think I shall easily demonstrate from the facts themselves that they did not pay the portion subsequently either; so that it will be clear to you that even if they withheld the money, not for the reasons I have mentioned, but with the intention of speedy payment, they would never actually have paid it, or let it slip out of their hands; with such urgency did the case press upon them.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 30.1 Dem. 30.8 (Greek) >>Dem. 30.18

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