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Demosthenes · Against Aphobus III §7-14

Aphobus' Selective Charge and Refusal of Slave Torture

Passage 2 of 8 · Greek

Summary

The speaker exposes the opponent's strategy in selectively prosecuting only one testimony for falsehood, and denounces his refusal to accept the submission of a literate slave for torture, which would have verified the truth.

§7τεκμήριον δὲ μέγιστον· μαρτυριῶν γὰρ πλέον ἢ πάνυ πολλῶν τῶν ἁπασῶν ἀναγνωσθεισῶν ἐπὶ τῇ δίκῃ, καὶ τούτων τῶν μὲν ὡς ἔδοσάν τι τούτῳ τῶν ἐμῶν καταμαρτυρουσῶν, τῶν δʼ ὡς παρῆσαν κομιζομένῳ, τῶν δʼ ὡς πριάμενοι παρὰ τούτου τούτῳ τὰς τιμὰς διέλυσαν, οὐδʼ ᾗ τινι τούτων τῶν ψευδομαρτυρίων ἐπεσκήψατο, οὐδὲ τετόλμηκεν διώκειν ἀλλʼ ἢ ταύτην μίαν οὖσαν, ἐν ᾗ δραχμὴν οὐκ ἂν ἔχοι δεῖξαι μεμαρτυρημένην.
And there is a very great proof: for though all the testimonies, which were very many, were read at the trial—some of them testifying that they had given him some of my property, others that they were present when he received it, and others that they had purchased property from him and paid him the prices—he did not challenge any one of these alleged false testimonies, nor has he dared to prosecute any except this single one, in which he would not be able to show that a single drachma was testified to.
§8καίτοι τό γε τίμημα τῶν χρημάτων ὧν ἀπεστερήμην, οὐκ ἐκ ταύτης συντιθεὶς ἐλογιζόμην τοσοῦτον (οὐ γὰρ ἔνεστʼ ἀργύριον), ἀλλʼ ἐξ ἐκείνων καθʼ ἕκαστα τιθείς, αἷς οὗτος οὐκ ἐπεσκήψατο.
And yet, the assessment of the property of which I was deprived was not calculated by me to be so great by adding it up from this testimony (for there is no money involved in it), but by adding up individually from those other testimonies which he did not challenge.
ὅθεν οἱ τότʼ ἀκούσαντες οὐ μόνον αὐτοῦ κατέγνωσαν, ἀλλὰ καὶ τῶν ἐπιγεγραμμένων ἐτίμησαν.
Hence those who heard the case at that time not only convicted him, but also assessed the damages at the amount inscribed.
τίνος οὖν ἕνεκʼ ἐκείνας μὲν εἴασε, τῇδε δʼ ἐπεσκήψατο;
Why then did he let those go, but challenged this one?
ἐγὼ καὶ τοῦτο διδάξω.
I will explain this too.
§9τῶν μαρτυριῶν ὅσαι μὲν αὐτοῦ χρήματʼ ἔχειν κατεμαρτύρουν, ᾔδει σαφῶς ὅτι τοσούτῳ μᾶλλον ἐξελεγχθήσεται ταῦτʼ ἔχων, ὅσῳ πλείων λόγος δοθήσεται καθʼ ἓν περὶ ἑκάστου.
For of the testimonies which testified that he held the property, he knew clearly that the more discussion that was allowed on each individual item, the more thoroughly he would be convicted of holding them.
τοῦτο δʼ ἔμελλεν ἐν τῇ τῶν ψευδομαρτυρίων ἔσεσθαι κρίσει· ὃ γὰρ τότʼ ἐν μικρῷ μέρει τινὶ τοῦ παντὸς ὕδατος μετὰ τῶν ἄλλων κατηγορήσαμεν, νῦν πρὸς ἅπαν τὸ ὕδωρ αὐτὸ καθʼ αὑτὸ διδάξειν ἐμέλλομεν.
And this was bound to happen in the trial for false testimony; for what we then accused him of along with the other matters in some small portion of the whole water, we were now going to instruct you upon by itself, with the benefit of all the water.
§10ἀποκρίσει δʼ ἐπισκηψάμενος ἐνόμιζεν, ὥσπερ τόθʼ ὡμολόγησεν, οὕτω πάλιν ἔξαρνος γενέσθαι ταῦτʼ ἐφʼ ἑαυτῷ γενήσεσθαι.
But by challenging the answer, he thought that, just as he then admitted it, so to deny it again would be in his own power.
διὰ ταῦτα τήνδε διώκει.
For this reason he prosecutes this testimony.
βούλομαι δὴ ταύτην, ὡς ἔστιν ἀληθής, ἐπιδεῖξαι σαφῶς πᾶσιν ὑμῖν, οὐκ ἐξ εἰκότων οὐδὲ λόγων πρὸς τὸ παρὸν μεμηχανημένων, ἀλλʼ ἐκ τοῦ παρὰ πᾶσιν ὑμῖν δόξοντος, ὡς ἐγὼ νομίζω, δικαίου.
Now I wish to show clearly to all of you that this testimony is true, not by conjectures or by arguments devised for the present occasion, but from what will seem to all of you, as I think, to be just.
σκοπεῖτε δʼ ἀκούσαντες.
Listen and consider.
§11ἐγὼ γάρ, ὦ ἄνδρες δικασταί, περὶ τῆς μαρτυρίας τῆς ἐν τῷ γραμματείῳ γεγραμμένης εἰδὼς ὄντα μοι τὸν ἀγῶνα, καὶ περὶ τούτου τὴν ψῆφον ὑμᾶς οἴσοντας ἐπιστάμενος, ᾠήθην δεῖν μηδὲν ἄλλο τούτου πρότερον ἢ τοῦτον προκαλούμενος ἐλέγξαι.
For I, men of the jury, knowing that my contest was about the testimony written in the tablet, and understanding that you would cast your vote on this, thought I ought to do nothing else prior to this than to refute him by challenging him.
καὶ τί ποιῶ;
And what do I do?
παραδοῦναι παῖδʼ ἤθελον αὐτῷ γράμματʼ ἐπιστάμενον βασανίζειν, ὃς παρῆν ὅθʼ ὡμολόγει ταῦθʼ οὗτος, καὶ τὴν μαρτυρίαν ἔγραφεν, οὐδὲν ὑφʼ ἡμῶν κελευσθεὶς κακοτεχνεῖν, οὐδὲ τὸ μὲν γράφειν, τὸ δʼ ἀφαιρεῖν ὧν οὗτος εἰρήκει περὶ τούτων, ἀλλʼ ἁπλῶς ὑπὲρ τοῦ πάντα τἀληθῆ καὶ τὰ τούτῳ ῥηθέντα γράψαι.
I wished to deliver to him for torture a slave who knew how to write, who was present when this man admitted these things and who wrote down the testimony, without being ordered by us to play any knavish trick, nor to write one part and omit another of what this man had said about these matters, but simply for the purpose of writing all the truth and the things spoken by him.
§12καίτοι τί κάλλιον ἦν τοῦ τὸν παῖδα στρεβλοῦντʼ ἐλέγξαι ψευδομένους ἡμᾶς;
And yet, what could have been better than to refute us as liars by torturing the slave?
ἀλλὰ συνῄδει πάντων μάλιστʼ ἀνθρώπων ὅτι τἀληθῆ μεμαρτύρηται· διόπερ ἔφευγε τὴν βάσανον.
But he knew better than any man that the truth had been testified; therefore he fled from the torture.
ἀλλὰ μὴν οὐχ εἷς οὐδὲ δύο ταῦτʼ ἴσασιν, οὐδʼ ὑπὸ μάλης ἡ πρόκλησις γέγονεν, ἀλλʼ ἐν τῇ ἀγορᾷ μέσῃ πολλῶν παρόντων.
Moreover, it is not one or two who know these things, nor was the challenge made under the cloak, but in the middle of the market-place in the presence of many people.
καί μοι κάλει τούτων τοὺς μάρτυρας. ΜΑΡΤΥΡΕΣ. §13οὕτω τοίνυν οὗτός ἐστιν σοφιστὴς καὶ σφόδρʼ ἑκὼν τὰ δίκαιʼ ἀγνοεῖν προσποιούμενος, ὥστε ψευδομαρτυρίων διώκων, καὶ περὶ τούτου τὴν ψῆφον ὑμῶν μελλόντων οἴσειν καὶ ὀμωμοκότων, περὶ τῆς μαρτυρίας μὲν ἔφευγε τὴν βάσανον, περὶ οὗ μάλιστα προσῆκεν αὐτῷ τὸν λόγον ποιεῖσθαι, περὶ δʼ ἄλλων φησὶν ἐξαιτεῖν, ψευδόμενος.
Call the witnesses of these things for me, please. [WITNESSES] Thus, then, this man is a sophist and very willingly pretends to be ignorant of what is just; so that, while prosecuting for false testimony, and when you are about to cast your vote on this and have sworn to do so, he fled from the torture concerning the testimony itself, about which it most befitted him to make his argument, but says, lyingly, that he demands other slaves for torture.
§14καίτοι πῶς οὐχ ὑπερφυές, αὑτὸν μὲν δεινὰ πεπονθέναι φάσκειν, εἰ τὸν ἐλεύθερον ἐξαιτῶν, ὡς ἐγὼ σαφῶς ὑμῖν ἐπιδείξω, μὴ παρέλαβεν, τοὺς δὲ μάρτυρας οὐ δεινὰ πάσχειν νομίζειν, τὸν ὁμολογουμένως δοῦλον περὶ ὧν ἐμαρτύρησαν ἐκδιδόντος, οὐκ ἐθέλοντος τούτου παραλαβεῖν;
And yet, how is it not monstrous that, while he claims to have suffered terribly because he did not receive the free man when demanding him (as I shall clearly show you), he does not think the witnesses suffer terribly when I offer to deliver up the confessed slave concerning what they testified, and this man is unwilling to receive him?
οὐ γὰρ δὴ τοῦτό γʼ ἔνεστιν εἰπεῖν, ὡς περὶ μὲν τινῶν ὧν αὐτὸς βούλεται σαφὴς ἡ βάσανος, περὶ δʼ αὖ τινῶν οὐ σαφής.
For surely it cannot be said that the torture is clear concerning some things which he himself wishes, but not clear, on the other hand, concerning others.

Notes

  1. §7μαρτυριῶν γὰρ πλέον ἢ πάνυ πολλῶν τῶν ἁπασῶν ἀναγνωσθεισῶν — Genitive absolute construction. The following phrases beginning with καὶ τούτων τῶν μὲν ... τῶν δʼ ... τῶν δʼ ... are appositive or partitive structures depending on μαρτυριῶν with implied or active participles (like καταμαρτυρουσῶν), creating a complex sentence whose main clause is 'he did not challenge any of these.'
  2. §9προς ἅπαν τὸ ὕδωρ αὐτὸ καθʼ αὑτὸ διδάξειν — The 'water' (ὕδωρ) refers to the water of the clepsydra (water-clock) used to limit speeches in Athenian courts. The speaker contrasts the original trial, where time had to be divided among multiple claims (ἐν μικρῷ μέρει τινί), with the current false testimony trial, where he can use the entire allocated time (all the water) to focus on this single issue.
  3. §10ἀποκρίσει δʼ ἐπισκηψάμενος — Meaning 'having challenged the answer.' The noun ἀπόκρισις refers to the deposition or answer given in the previous proceedings. By initiating a prosecution (ἐπίσηψις) against this particular answer, the opponent hoped to gain the freedom to deny what he had previously admitted.
  4. §11γράμματʼ ἐπιστάμενον — Referring to a literate, educated slave. In classical Athens, such slaves were employed for clerical duties, including transcribing depositions and agreements. Offering this recorder for torture serves as Demosthenes' strong proof of his confidence in the absolute truth and objectivity of the written record.
  5. §14εἰ τὸν ἐλεύθερον ἐξαιτῶν ... μὴ παρέλαβεν — The participle ἐξαιτῶν in the protasis functions concessively ('while demanding'). Since Demosthenes argues that Milyas is a free man and thus exempt from surrender for torture (ἐξαίτησις), he uses this phrase to highlight the absurdity of the opponent's alleged grievance.

Cite this passage

Demosthenes, Against Aphobus III §7-14. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg029.humanitext-grc2:7-14

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