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Demosthenes · Against Aphobus II §17-24

Evading the Antidosis Plot and Appeal to the Jury

Passage 3 of 3 · Greek

Summary

Demosthenes explains how he avoided the disruption of his lawsuits caused by the exchange of property (antidosis) engineered by Aphobos, and appeals to the jury for pity and justice by describing the distress of his family if he should lose the case.

§17ὡς γὰρ τὰς δίκας ταύτας ἔμελλον εἰσιέναι κατʼ αὐτῶν, ἀντίδοσιν ἐπʼ ἐμὲ παρεσκεύασαν, ἵνʼ εἰ μὲν ἀντιδοίην, μὴ ἐξείη μοι πρὸς αὐτοὺς ἀντιδικεῖν, ὡς καὶ τῶν δικῶν τούτων τοῦ ἀντιδόντος γιγνομένων, εἰ δὲ μηδὲν τούτων ποιοίην, ἵνʼ ἐκ βραχείας οὐσίας λῃτουργῶν παντάπασιν ἀναιρεθείην.
For when I was about to bring these suits against them, they prepared an exchange of property against me, in order that, if on the one hand I should make the exchange, it might not be permitted to me to contend against them, on the ground that these suits also belonged to the one who made the exchange, and if on the other hand I should do none of these things, I might be completely ruined by performing public services from a small property.
καὶ τοῦτʼ αὐτοῖς ὑπηρέτησε Θρασύλοχος ὁ Ἀναγυράσιος· ᾧ τούτων οὐδὲν ἐνθυμηθεὶς ἀντέδωκα μέν, ἀπέκλεισα δʼ ὡς διαδικασίας τευξόμενος· οὐ τυχὼν δὲ ταύτης, τῶν χρόνων ὑπογύων ὄντων, ἵνα μὴ στερηθῶ τῶν δικῶν, ἀπέτεισα τὴν λῃτουργίαν ὑποθεὶς τὴν οἰκίαν καὶ τἀμαυτοῦ πάντα, βουλόμενος εἰς ὑμᾶς εἰσελθεῖν τὰς πρὸς τουτουσὶ δίκας.
And Thrasylochus of Anagyrus served them in this; to whom I, without considering any of these designs, agreed indeed to the exchange, but barred the transfer in the hope of obtaining a adjudication; but not obtaining this, since the time was short, so that I might not be deprived of the suits, I paid for the public service by mortgaging my house and all my own property, wishing to enter into the suits against these men before you.
§18ἆρʼ οὐ μεγάλα μὲν ἐξ ἀρχῆς ἠδίκημαι, μεγάλα δʼ, ὅτι δίκην ζητῶ λαβεῖν, νῦν ὑπʼ αὐτῶν βλάπτομαι;
Have I not been greatly wronged from the beginning, and am I not now greatly harmed by them because I seek to obtain justice?
τίς δʼ οὐκ ἂν ὑμῶν τούτῳ μὲν φθονήσειε δικαίως, ἡμᾶς δʼ ἐλεήσειεν, ὁρῶν τῷ μὲν πρὸς τῇ οὐσίᾳ τῇ παραδοθείσῃ πλεῖν ἢ δέκα ταλάντων τὴν ἐμὴν τοσαύτην οὖσαν προσγεγενημένην, ἡμᾶς δὲ μὴ μόνον τῶν πατρῴων διημαρτηκότας, ἀλλὰ καὶ τῶν νῦν παραδοθέντων διὰ τὴν τούτων πονηρίαν ἀπεστερημένους;
Who among you would not justly feel indignation toward this man, and pity us, seeing that to him, in addition to the delivered property of more than ten talents, my property, which is so great, has been added, while we have not only lost our paternal inheritance, but are also deprived of even what has now been delivered, through their wickedness?
ποῖ δʼ ἂν τραποίμεθα, εἴ τι ἄλλο ψηφίσαισθʼ ὑμεῖς περὶ αὐτῶν;
Where could we turn, if you should vote otherwise concerning them?
εἰς τὰ ὑποκείμενα τοῖς δανείσασιν;
To the property mortgaged to the creditors?
ἀλλὰ τῶν ὑποθεμένων ἐστίν.
But it belongs to those who took the mortgages.
ἀλλʼ εἰς τὰ περιόντʼ αὐτῶν;
To the surplus of it?
ἀλλὰ τούτου γίγνεται, τὴν ἐπωβελίαν ἐὰν ὄφλωμεν.
But it becomes this man's property, if we are condemned to pay the fine of one-sixth of the claim.
§19μηδαμῶς, ὦ ἄνδρες δικασταί, γένησθʼ ἡμῖν τοσούτων αἴτιοι κακῶν· μηδὲ τὴν μητέρα κἀμὲ καὶ τὴν ἀδελφὴν ἀνάξια παθόντας περιίδητε, οὓς ὁ πατὴρ οὐκ ἐπὶ ταύταις ταῖς ἐλπίσιν κατέλιπεν, ἀλλὰ τὴν μὲν ὡς Δημοφῶντι συνοικήσουσαν ἐπὶ δυοῖν ταλάντοιν προικί, τὴν δʼ ἐπʼ ὀγδοήκοντα μναῖς τούτῳ τῷ σχετλιωτάτῳ πάντων ἀνθρώπων, ἐμὲ δʼ ὑμῖν διάδοχον ἀνθʼ αὑτοῦ τῶν λῃτουργιῶν ἐσόμενον.
By no means, men of the jury, become the cause of so many evils to us; nor look on while my mother and I and my sister suffer unworthy things, whom our father did not leave behind with such hopes, but my sister to marry Demophon with a dowry of two talents, and my mother with eighty minae to this most cruel of all men, and me to be your successor in public services in his place.
§20βοηθήσατʼ οὖν ἡμῖν, βοηθήσατε, καὶ τοῦ δικαίου καὶ ὑμῶν αὐτῶν ἕνεκα καὶ ἡμῶν καὶ τοῦ πατρὸς τοῦ τετελευτηκότος.
Therefore help us, help us, both for the sake of justice and of yourselves, and of us and of our deceased father.
σῴσατε, ἐλεήσατε, ἐπειδή μʼ οὗτοι συγγενεῖς ὄντες οὐκ ἠλέησαν.
Save us, pity us, since these men, though they are our relatives, have not pitied me.
εἰς ὑμᾶς καταπεφεύγαμεν.
We have fled to you for refuge.
ἱκετεύω, ἀντιβολῶ πρὸς παίδων, πρὸς γυναικῶν, πρὸς τῶν ὄντων ἀγαθῶν ὑμῖν.
I supplicate, I entreat you by your children, by your wives, by the blessings you possess.
οὕτως ὄναισθε τούτων, μὴ περιίδητέ με, μηδὲ ποιήσητε τὴν μητέρα καὶ τῶν ἐπιλοίπων ἐλπίδων εἰς τὸν βίον στερηθεῖσαν ἀνάξιον αὑτῆς τι παθεῖν·
As you hope to enjoy these, do not look on while I am ruined, nor cause my mother, deprived of even her remaining hopes for life, to suffer anything unworthy of herself.
§21ἣ νῦν μὲν οἴεται τυχόντα με τῶν δικαίων παρʼ ὑμῖν ὑποδέξεσθαι καὶ τὴν ἀδελφὴν ἐκδώσειν· εἰ δʼ ὑμεῖς ἄλλο τι γνώσεσθε, ὃ μὴ γένοιτο, τίνʼ οἴεσθʼ αὐτὴν ψυχὴν ἕξειν, ὅταν ἐμὲ μὲν ἴδῃ μὴ μόνον τῶν πατρῴων ἀπεστερημένον, ἀλλὰ καὶ πρὸς ἠτιμωμένον, περὶ δὲ τῆς ἀδελφῆς μηδʼ ἐλπίδʼ ἔχουσαν ὡς τεύξεταί τινος τῶν προσηκόντων διὰ τὴν ἐσομένην ἀπορίαν;
Who now indeed expects that I, having obtained justice from you, will receive her back and give my sister in marriage; but if you should decide otherwise—which may it not happen—what kind of spirit do you think she will have, when she sees me not only deprived of my patrimony but also disenfranchised besides, and having no hope for my sister that she will obtain any of her proper rights because of the impending poverty?
§22οὐκ ἄξιος, ὦ ἄνδρες δικασταί, οὔτʼ ἐγὼ δίκης ἐν ὑμῖν μὴ τυχεῖν, οὔθʼ οὗτος τοσαῦτα χρήματʼ ἀδίκως κατασχεῖν.
It is not right, men of the jury, either that I should fail to obtain justice among you, or that this man should unjustly keep such vast wealth.
ἐμοῦ μὲν γὰρ εἰ καὶ μήπω πεῖραν εἰλήφατε, ποῖός τις ἂν εἰς ὑμᾶς εἴην, ἐλπίζειν προσήκει μὴ χείρω τοῦ πατρὸς ἔσεσθαι.
For as for me, even if you have not yet had experience of what kind of person I would be toward you, it is proper to expect that I shall not be worse than my father.
τούτου δὲ πεῖραν ἔχετε, καὶ σαφῶς ἴσθʼ ὅτι πολλὴν οὐσίαν παραλαβὼν οὐ μόνον οὐδὲν πεφιλοτίμηται πρὸς ὑμᾶς, ἀλλὰ καὶ τἀλλότριʼ ἀποστερῶν ἀποδέδεικται.
But of this man you have experience, and you know clearly that having received a large estate, he has not only shown no public spirit toward you, but has also been shown to be plundering what belongs to others.
§23ταῦτʼ οὖν σκοποῦντες καὶ τἄλλα μνησθέντες, ᾗ δίκαιόν ἐστι, ταύτῃ ψηφίσασθε.
Therefore, considering these things and remembering the rest, vote in the way that is just.
πίστεις δʼ ἔχεθʼ ἱκανὰς ἐκ μαρτύρων, ἐκ τεκμηρίων, ἐκ τῶν εἰκότων, ἐξ ὧν οὗτοι λαβεῖν ὁμολογοῦντες ἁθρόα τἀμά, ταῦτʼ ἀνηλωκέναι φασὶν οὐκ ἀνηλωκότες, ἀλλʼ αὐτοὶ πάντʼ ἔχοντες.
And you have sufficient grounds for belief from witnesses, from proofs, and from probabilities, from which it is shown that these men, though admitting they received my property in its entirety, claim to have spent it, when they have not spent it but are keeping it all themselves.
§24ὧν ἐνθυμουμένους χρὴ ποιήσασθαί τινʼ ἡμῶν πρόνοιαν, εἰδότας ὅτι ἐγὼ μὲν τἀμαυτοῦ διʼ ὑμῶν κομισάμενος εἰκότως λῃτουργεῖν ἐθελήσω, χάριτας ὀφείλων ὅτι μοι δικαίως ἀπέδοτε τὴν οὐσίαν, οὗτος δʼ, ἐὰν αὐτὸν ποιήσητε τῶν ἐμῶν κύριον, οὐδὲν ποιήσει τοιοῦτον.
Reflecting on these things, you ought to take some thought for us, knowing that if I recover my own property through you, I shall naturally be willing to perform public services, owing you gratitude because you justly restored my estate to me; but this man, if you make him master of my property, will do no such thing.
μὴ γὰρ οἴεσθʼ αὐτόν, ὑπὲρ ὧν ἤρνηται μὴ λαβεῖν, ὑπὲρ τούτων ὑμῖν λῃτουργεῖν ἐθελήσειν, ἀλλʼ ἀποκρύψεσθαι μᾶλλον, ἵνα δικαίως ἀποπεφευγέναι δοκῇ.
For do not think that he will be willing to perform public services for you out of the property which he denies having received, but he will rather conceal it, so that he may seem to have been justly acquitted.

Notes

  1. §17ὡς καὶ τῶν δικῶν τούτων τοῦ ἀντιδόντος γιγνομένων — Genitive absolute construction with the conjunction ὡς. It explains the legal mechanism in Athenian law (antidosis), where if the property exchange takes place, the rights to the pending lawsuits would also be transferred to the person offering the exchange. τοῦ ἀντιδόντος refers to 'the one who proposed the exchange' (namely, Thrasylochus).
  2. §17ἀπέκλεισα δʼ — Meaning 'I shut out' or 'I barred/refused [the transfer],' the aorist of the verb ἀποκλείω. In the context of the antidosis procedure, it means Demosthenes refused to make an immediate transfer of his property to the other party, seeking instead an adjudication (διαδικασία) to determine who was legally obligated to perform the public service.
  3. §19τὴν μὲν ... τὴν δʼ — Pronominal use of the article pointing respectively to the 'sister' and the 'mother' from the preceding list ('mother, myself, sister'). Grammatically, τὴν μὲν refers to the sister (who was to marry Demophon) and τὴν δʼ to the mother (who was to marry Aphobos). Although the mother is mentioned first in the preceding list, the respective dowries (two talents versus eighty minae) clarify the references.
  4. §24ὧν ἐνθυμουμένους — The relative pronoun ὧν is neuter plural, taking the entire set of facts mentioned previously as its antecedent. The accusative participle ἐνθυμουμένους agrees with the implied accusative subject (the jury) of the impersonal verb χρή, forming an accusative with infinitive construction.

Cite this passage

Demosthenes, Against Aphobus II §17-24. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg028.humanitext-grc2:17-24

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