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Demosthenes · Against Aphobus III §1-6

Background of the Suit and Intent to Expose Aphobus

Passage 1 of 8 · Greek

Summary

Demosthenes explains the background of his lawsuit against Aphobus, pointing out that Aphobus concealed his property and fled to Megara, and declares his intention to prove that Milyas was free while exposing the opponent's false testimonies.

§1εἰ μὴ πρότερόν μοι δίκης γενομένης πρὸς Ἄφοβον, ὦ ἄνδρες δικασταί, συνῄδειν πολλῷ τούτων μείζω καὶ δεινότερʼ αὐτοῦ ψευσαμένου ῥᾳδίως ἐξελέγξας διὰ τὴν περιφάνειαν τῶν ἀδικημάτων, θαυμασίως ἂν ὡς ηὐλαβούμην μὴ καὶ νῦν οὐ δυνηθῶ δεῖξαι, πῇ παρακρούεταί ποθʼ ἕκασθʼ ὑμᾶς αὐτῶν.
If, when the lawsuit with Aphobus took place before, men of the jury, I had not been aware that he had lied in matters far greater and more terrible than these, and if I had not easily refuted him owing to the obviousness of his wrongdoings, I should have been surprisingly afraid that even now I might not be able to show in what way he is deceiving each of you.
νῦν δὲ σὺν θεοῖς εἰπεῖν, ἄνπερ ἴσοι καὶ κοινοὶ γένησθʼ ἡμῶν ἀκροαταί, πολλὰς ἐλπίδας ἔχω μηδὲν ἧττον ὑμᾶς τὴν ἀναίδειαν τὴν τούτου γνώσεσθαι τῶν πρότερον δικασάντων.
But now, with the help of the gods be it said, if you will only prove to be impartial and unbiased listeners to us, I have high hopes that you will recognize his shamelessness no less than the previous jurors did.
καὶ ταῦτʼ εἰ μὲν ἐδεῖτο λόγου τινὸς ἢ ποικιλίας, ἔγωγε κατώκνουν ἂν τὴν ἐμαυτοῦ καταμεμφόμενος ἡλικίαν· νῦν δʼ ἁπλῶς δεῖ διδάξαι καὶ διηγήσασθαι τὰ τούτῳ πεπραγμένα περὶ ἡμῶν· ἐκ δὲ τούτων οἶμαι πᾶσιν ὑμῖν εὔγνωστον ἔσεσθαι, πότερός ποθʼ ἡμῶν ἐσθʼ ὁ πονηρός.
And if this matter required any eloquence or elaborate skill, I should have shrunk back, complaining of my own youth; but now it is simply necessary to inform and narrate what has been done by him against us; and from these things I believe it will be very easy for all of you to perceive which of us is the scoundrel.
§2οἶδα μὲν οὖν ὅτι τὴν δίκην οὗτος εἴληχε ταύτην, οὐχὶ τῷ τὰ ψευδῆ τινʼ αὑτοῦ καταμεμαρτυρηκέναι ἐξελέγξειν πιστεύων, ἀλλʼ ἡγούμενος διὰ τὸ μέγεθος τοῦ τιμήματος τῆς δίκης, ἣν ὦφλεν, ἐμοὶ μὲν ἂν γενέσθαι τινὰ φθόνον, αὑτῷ δʼ ἔλεον.
Now, I know indeed that he has brought this suit, not because he trusts that he will prove that any falsehoods have been testified against him, but because he believes that owing to the magnitude of the assessment of the suit in which he was convicted, some envy will fall upon me, and pity upon himself.
καὶ διὰ ταῦτα περὶ τῆς γεγενημένης δίκης νῦν ἀπολογεῖται, περὶ ἧς τότʼ οὐδὲν ἔσχε δίκαιον εἰπεῖν.
And for this reason he now defends himself concerning the past lawsuit, about which at that time he had nothing just to say.
ἐγὼ δʼ, ὦ ἄνδρες δικασταί, εἰ μὲν ἐπεπράγμην τοῦτον τὴν δίκην ἢ μηδὲν ἤθελον μέτριον συγχωρεῖν, ἠδίκουν μὲν οὐδʼ ἂν οὕτως, τὰ παρʼ ὑμῖν γνωσθέντα πραττόμενος αὐτόν, ὅμως δʼ ἂν εἶχέν τις εἰπεῖν, ὡς λίαν ὠμῶς καὶ πικρῶς ὄντα συγγενῆ τοῦτον ἐκ τῆς οὐσίας ἁπάσης ἐκβέβληκα.
But I, men of the jury, if I had exacted the judgement from him or had been unwilling to concede any moderate terms, even then I should not have been doing wrong, since I was exacting what had been decided by you, yet someone might still have been able to say that I had cast this man, though a relative, out of his entire property in an exceedingly cruel and bitter manner.
§3νῦν δὲ τοὐναντίον ἐστίν· οὗτος ἐμὲ τῶν πατρῴων ἁπάντων μετὰ τῶν συνεπιτρόπων ἀπεστέρηκεν, καὶ οὐδʼ ἐν ὑμῖν φανερῶς ἐξελεγχθεὶς οἴεται δεῖν οὐδὲν τῶν μετρίων ποιεῖν, ἀλλὰ διασκευασάμενος τὴν οὐσίαν, καὶ παραδοὺς τὴν μὲν συνοικίαν Αἰσίῳ, τὸν δʼ ἀγρὸν Ὀνήτορι, πρὸς μὲν ἐκείνους δίκην καὶ πράγματʼ ἔχειν ἐμὲ πεποίηκεν, ἐκ δὲ τῆς οἰκίας αὐτὸς τὰ σκεύη λαβὼν καὶ τἀνδράποδʼ ἐξαγαγὼν καὶ τὸν λάκκον συντρίψας καὶ τὰ θυρώματʼ ἀποσπάσας καὶ μόνον οὐκ αὐτὴν τὴν οἰκίαν ἐμπρήσας Μέγαράδʼ ἐξῴκηκεν κἀκεῖ μετοίκιον τέθηκεν.
But now the opposite is the case: this man has deprived me of all my paternal estate along with his co-guardians, and even though clearly convicted before you, he does not think he ought to do anything reasonable, but having concealed his property, and having handed over the lodging-house to Aesius and the land to Onetor, he has caused me to have lawsuits and trouble with them, while he himself, having taken the furniture from the house and led away the slaves, having smashed the cistern, torn off the doors, and all but burned down the house itself, has emigrated to Megara and has paid the alien tax there.
ὥστε πολὺ ἂν δικαιότερον διὰ ταῦτα τὰ ἔργα τοῦτον μισήσαιτε ἢ ἐμοῦ τινʼ ἀνεπιείκειαν καταγνοίητε.
Therefore, you would much more justly hate this man for these deeds than condemn me for any harshness.
§4περὶ μὲν οὖν τῆς αἰσχροκερδίας τῆς τούτου καὶ μιαρίας ὕστερόν μοι δοκεῖ διεξελθεῖν πρὸς ὑμᾶς· καὶ νῦν δʼ ὡς ἐν κεφαλαίοις ἀκηκόατε·
Concerning his greed and villainy, then, it seems best to me to go through them in detail before you later; indeed, even now you have heard them in outline.
περὶ δὲ τῶν μεμαρτυρημένων, ὡς ἔστιν ἀληθῆ, περὶ ὧνπερ οἴσετε τὴν ψῆφον, ἤδη πειράσομαι διδάσκειν ὑμᾶς.
But concerning the testimonies, that they are true, about which you are going to cast your vote, I shall now try to instruct you.
δέομαι δʼ ὑμῶν, ὦ ἄνδρες δικασταί, δικαίαν δέησιν, ἐξ ἴσου ἡμῶν ἀμφοτέρων ἀκοῦσαι.
And I ask of you, men of the jury, a just request, to hear us both impartially.
τοῦτο δʼ ἐστὶ καὶ ὑπὲρ ὑμῶν ὁμοίως· ὅσῳ γὰρ ἂν ἀκριβέστερον τὰ πεπραγμένα μάθητε, τοσούτῳ δικαιοτέραν καὶ εὐορκοτέραν θήσεσθε τὴν ψῆφον περὶ αὐτῶν.
This is also equally for your own sake; for the more accurately you learn what has been done, the more justly and in accordance with your oath you will cast your vote concerning them.
§5ἐπιδείξω δὲ τοῦτον οὐ μόνον ὡμολογηκότʼ εἶναι τὸν Μιλύαν ἐλεύθερον, ἀλλὰ καὶ φανερὸν τοῦτʼ ἔργῳ πεποιηκότα, καὶ πρὸς τούτοις τοὺς ἐκ βασάνου περὶ αὐτῶν πεφευγότα τοῦτον τοὺς ἀκριβεστάτους ἐλέγχους, καὶ οὐκ ἐθελήσαντʼ ἐκ τούτων ἐπιδεῖξαι τὴν ἀλήθειαν, ἀλλὰ πανουργοῦντα καὶ μάρτυρας ψευδεῖς παρεχόμενον καὶ διακλέπτοντα τοῖς ἑαυτοῦ λόγοις τὴν ἀλήθειαν τῶν πεπραγμένων, οὕτω μεγάλοις καὶ φανεροῖς ἐλέγχοις ὥσθʼ ὑμᾶς πάντας εἴσεσθαι σαφῶς, ὅτι ἡμεῖς μὲν ἀληθῆ λέγομεν, οὗτος δʼ οὐδὲν ὑγιὲς εἴρηκεν.
And I shall show that he has not only admitted Milyas to be free, but has also clearly made this fact manifest by his action, and moreover that he has fled from the most accurate proofs concerning them, those from torture, and was unwilling to show the truth from these, but playing the knave and providing false witnesses, he tries to steal away the truth of what has been done by his own words, and this with proofs so great and clear that you will all know certainly that we speak the truth, and he has said nothing sound.
ἄρξομαι δʼ ἐντεῦθεν ὅθεν καὶ ὑμεῖς ῥᾷστʼ ἂν μάθοιτε κἀγὼ τάχιστʼ ἂν διδάξαιμι.
And I shall begin from where you would most easily learn and I could most quickly instruct.
§6ἐγὼ γάρ, ὦ ἄνδρες δικασταί, Δημοφῶντι καὶ Θηριππίδῃ καὶ τούτῳ δίκας ἔλαχον ἐπιτροπῆς ἀποστερηθεὶς ἁπάντων τῶν ὄντων.
For I, men of the jury, brought suits for guardianship against Demophon, Therippides, and this man, having been deprived of all my property.
γενομένης δέ μοι τῆς δίκης πρὸς τοῦτον πρῶτον, ἐπέδειξα σαφῶς τοῖς δικάζουσιν, ὥσπερ ὑμῖν ἐπιδείξω, πάνθʼ ὅσʼ ἡμῖν κατελείφθη χρήματʼ ἀπεστερηκότα τοῦτον μετʼ ἐκείνων, οὐ καταψευδομαρτυρησάμενος.
And when the trial took place between me and this man first, I clearly showed to the judges, just as I shall show to you, that he, along with those men, had deprived us of all the money that was left, without having recourse to false testimony.

Notes

  1. §1συνῄδειν πολλῷ τούτων μείζω καὶ δεινότερʼ αὐτοῦ ψευσαμένου ῥᾳδίως ἐξελέγξας — The verb συνῄδειν (σύνοιδα, 'to be conscious') takes the dative pronoun μοι and the participle ἐξελέγξας (agreeing with the subject) as its complement. The phrase αὐτοῦ ψευσαμένου functions either as a genitive absolute or as the genitive object of ἐξελέγξας, meaning 'being conscious of having easily refuted him when he lied'.
  2. §1μὴ καὶ νῦν οὐ δυνηθῶ δεῖξαι — A subordinate clause introduced after the verb of fearing ηὐλαβούμην ἂν ('I should have feared'). The construction μὴ οὐ with the subjunctive (δυνηθῶ) expresses a negative fear, 'fearing that I might not be able to show'.
  3. §2τῷ τὰ ψευδῆ τινʼ αὑτοῦ καταμεμαρτυρηκέναι ἐξελέγξειν πιστεύων — The dative articular future infinitive τῷ ... ἐξελέγξειν modifying the participle πιστεύων ('believing'). This is a relatively rare usage of the future infinitive with the article in the dative to express means or cause ('by believing that he will prove...').
  4. §2ἐμοὶ μὲν ἂν γενέσθαι τινὰ φθόνον — The combination of ἂν with the infinitive (γενέσθαι) in the accusative-and-infinitive construction dependent on ἡγούμενος ('thinking'). This represents a potential or irrealis construction (originally ἂν γένοιτο or ἂν ἐγένε토 in direct speech) retained in indirect discourse, meaning 'that some envy would arise against me'.
  5. §6δίκας ἔλαχον ἐπιτροπῆς — The idiom δίκην λαγχάνω ('to bring a suit') takes the dative for the person sued (Δημοφῶντι...) and the genitive for the charge or subject matter of the suit (ἐπιτροπῆς, 'of guardianship'). Here it means 'brought suits concerning guardianship'.

Cite this passage

Demosthenes, Against Aphobus III §1-6. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg029.humanitext-grc2:1-6

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