| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 41.11 | Dem. 41.20 (Greek) | >>Dem. 41.30 |
41.17And see that you give these gentlemen a precise answer. If he does not, do you all demand it of him. For, when Polyeuctus gave these directions in his will, the defendant's wife was present, and you may be sure that she reported to him the will of her father, especially if he did not receive an equal share, but was at a disadvantage in all respects; and the defendant himself was invited to be present, so that it is not open to him to say that we managed this in secret and kept them in the dark. For although he was invited to be present, he said that he was busy himself, but that it would be enough if his wife were there. What more would you have?
41.18When Aristogenes gave him an exact account of all these matters, even then he made no comment, and though Polyeuctus lived on more than five days after this, he neither showed any vexation on going to the house, nor made any protest, nor did his wife, who was present from the first on all these occasions. It would appear, then, that Polyeuctus was not induced by me to favor me in these matters; the act was your own. Keep these facts, then, clearly in your minds, men of the jury, and if he now tries to make any slanderous statements about the matter, confront him with them.
But first, that you may be fully assured that matters are as I have stated, hear the witnesses. Read.Witnesses
41.19Well then, men of the jury, in the matter of the one thousand drachmae, to prove that Polyeuctus mortgaged the house to me honestly, and for an existing debt, I have the testimony of my opponent himself and his wife in addition to these other witnesses whose depositions have been put in; for they concurred at the time, and made no objection either to Polyeuctus who lived so many days after, or to Aristogenes, when they first heard of the will. But assuredly, if the house was honestly mortgaged, it is impossible for you, if you bear the law in mind, to acquit Spudias as to this part of the case. 41.20Now consider also the matter of the twenty minae, which he does not bring into the account; for in this again the defendant himself will be my strongest witness—not by words, heaven knows, such as he utters now in opposing my suit—words are a criterion of no worth—but by manifest act. By doing what, men of the jury? To this I bid you now to give close heed, in order that, if he really dares to utter any slanders about the mother of our wives or about the documents, your knowledge of the facts may make it impossible for him to deceive you by his talk.
41.21These papers were left by the wife of Polyeuctus, as I just now said. The seals being acknowledged both by the defendant's wife and by mine, we both, being present, broke them and took copies, and then sealed up the papers again, and deposited them in the hands of Aristogenes. 41.22Now, note this, men of the jury, note this, I beg of you. There was in the papers mention of the two minae, the price of the slave—and it was not only Polyeuctus on his death-bed who had made this claim—and there was mention of the eighteen hundred drachmae. When he read this, if what was written did not concern him at all and was untrue, why pray did he not at once protest about it? Why did he join in sealing again papers which were false and of no worth? This of course no one in the world would do, if he did not concur in all that was written. 41.23But surely, men of the jury, this is an outrageous thing if these men are to be permitted now to dispute matters to which they have themselves given assent, and you are to find no basis for judgement in the fact that all of us are wont, when charges are made against us that are unjust and untrue, not to keep silent, but to dispute them on the spot, and that those who do not do this, if they contest them subsequently, are accounted rascals and tricksters. 41.24Now Spudias knows this as well as I, and I think even better, inasmuch as he comes oftener before your court, yet he feels no shame in saying things that contradict all that he has himself done. And yet full often when you become conscious of one single piece of fraud, you treat it as evidence against the other charges; but the defendant is found to have been convicted by himself of falsehood on every point.
Take, please, the deposition, proving that the seals of the papers were acknowledged at the time by the wife of the defendant, and that the papers are now deposited, sealed by Spudias.Deposition
41.25Since, then, these facts have been so convincingly established, there is no further need, I think, of more words. For when I am able to produce both laws and witnesses in support of everything that I have said, and also admissions made in my favor by my opponent himself, what further need can there be for a long argument? However, if Spudias perchance waxes indignant about the marriage portion and maintains that he is being defrauded to the amount of one thousand drachmae, he will be lying. For, while he disputes my claim to this sum, he has received not less, but more, as will presently be made clear to you. 41.26Nay more, even if all these statements of his were indeed true, it is not just, I take it, if the laws are good for anything, that I should lose the marriage portion which was promised me, or that Polyeuctus, if he chose to give a smaller portion to one daughter and a larger to the other, should now be thwarted. For it was open to you, Spudias, not to marry his daughter, unless the thousand drachmae were given to you as well as to me. However you received no less than I, as I shall show.
But, first, take the deposition which shows on what terms the lady was given to him.Deposition
| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 41.11 | Dem. 41.20 (Greek) | >>Dem. 41.30 |
