Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 47.65 Dem. 47.74 (Greek) >>Dem. 47.82

47.70and again not to institute suit before the king. note For that course is not open to you under the law, since the woman is not a relative of yours nor yet a servant, according to your own statement; and it is to relatives or to masters that the law appoints the duty of prosecuting. If, then, you should take the oath at the Palladium, note yourself and your wife and your children, and imprecate curses upon yourselves and your house, you will lose the goodwill of many, and if your opponent is acquitted, you will be thought to have committed perjury, and if you convict him, you will he an object of malice. No, after you have performed the proper religious rites to cleanse yourself and your house, bear your misfortune with such patience as you can, and, if you choose, avenge yourself in some other way.”

47.71When I had received this advice from the Interpreters and had looked at the laws of Draco on the inscribed slab, I consulted with my friends as to what course of action I should pursue. As they gave me the same advice, I did what was necessary to purify the house and what the Interpreters had prescribed, and abstained from further action which the laws forbade. 47.72For the law, men of the jury, ordains that prosecution shall be by relatives within the degree of children of cousins; and that in the oath inquiry shall be made as to what the relationship is, even if the victim be a servant; and it is from these persons that criminal actions shall proceed. But the woman was in no way related to me by blood, she had only been my nurse; nor again was she a servant; for she had been set free by my father, and she lived in a separate house, and had taken a husband. 47.73Now, to tell a false story to you and support it by an oath with imprecations on myself, my son, and my wife, was a thing I dared not do, even if I knew well that I should convict these men; for I do not hate them as much as I love myself.

But that you may hear this not merely from my own lips, the clerk shall read you the law itself.Law

47.74I fancy, men of the jury, that it has become clear to you on many grounds that the deposition is false, but that you see it most readily from the conduct of the men themselves. For they thought, men of the jury, that, if they took a large quantity of goods from me as security, I should be glad to release the witnesses from the charge of false testimony in order to get back the goods. 47.75And when I asked Theophemus to oblige me by extending the time of payment, he was glad to comply in order that I might be in default, and that he might carry off as many goods as possible. It was for this reason that he acceded to my request so guilelessly and so promptly in order to win my confidence and keep me from seeing his plot; for he thought it was not possible for him in any other way to get the witnesses released from the charge of false testimony than by tricking me, catching me in default and carrying off as many goods as possible; for he expected to get, not only what they actually have of mine, but a great deal more. 47.76And he waited the rest of the time, thinking that I should not quickly get the money together, and wishing to seize the goods as security just when the trial for false testimony was coming on; but when I served notice on him to come and collect the amount of the judgement, he went and seized my furniture and slaves and sheep instead of receiving payment. I till a farm near the Hippodrome, so that he did not have far to go. 47.77That what I am saying is true let this be a strong proof: he got the amount of the judgement the day after he seized the security. And yet, if I had not got the money together, how could he have got payment at once in cash, one thousand three hundred and thirteen drachmae two obols? And the goods which he had seized as security he refused to return to me, but up to this day he keeps them, as though I were in default. But to prove that I was not in default, read me the deposition and the law which ordains that all agreements entered into by the two parties shall be binding; I was, therefore, as you see, no longer in default to him.Law
Deposition

47.78Well, then, that he consented and extended the time of payment has been established for you by witnesses, and that I was serving as trierarch my colleague in the trierarchy has testified, and also that the ship was equipped as flagship for the admiral Alcimachus. Surely, then, I was not in default to him when he had extended the time, especially since I paid the money in full. But the graspingness of his disposition, when it is a question of more or less, is dreadful, men of the jury. And they knew well that, if they should deliver up the woman for examination, it would be proved that their charge was false, while, if they should not deliver up the woman, whom the witnesses stated that Theophemus was willing to deliver up, they would be convicted of false testimony. 47.79I beg of you, men of the jury, if any one of those who then served as jurors happens to be in the court-room, to act upon the same principles as you did then; and, if the deposition seemed to you to be worthy of credence, and I seemed to shrink from the test which the examination of the woman would have afforded, now, when they are proved to have given false testimony and do not deliver up the woman, to come to my aid: and if you are angry with me because I went to the house of Theophemus to take security, to be angry now with these men also because they went to my house.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 47.65 Dem. 47.74 (Greek) >>Dem. 47.82

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