Humanitext Reader

Demosthenes · Against Boeotus II §17-23

Evasion by Name Dispute and the Grandfather's Estate

Passage 3 of 8 · Greek

Summary

The speaker accuses the defendant of using a name dispute as an excuse to avoid returning a dowry, and refutes the opponent's anticipated arguments about ancestral property by explaining the grandfather's insolvent estate.

§17περὶ μὲν οὖν ὧν οὗτοί μοι ἐδικάζοντο, παρόντος τούτου καὶ ἀντιδικοῦντος καὶ οὐκ ἔχοντος ἐπιδεῖξαι οὐδὲν ὧν ἐνεκάλουν, ἀπεδιῄτησέν μου ὁ διαιτητής·
Now, as for the suits they brought against me, since this man was present and disputed them but was unable to prove any of his accusations, the arbitrator decided in my favor.
καὶ οὗτος συνειδὼς αὑτῷ ἀδίκως ἐγκαλοῦντι οὔτε ἐφῆκεν εἰς τὸ δικαστήριον, οὔτε νῦν περὶ ἐκείνων εἴληχέ μοι δίκην οὐδεμίαν, ἀλλὰ περὶ ἄλλων τινῶν, λύσειν τοῖς ἐγκλήμασι τούτοις τὴν δίκην ταύτην οἰόμενος.
And he himself, conscious that he was making an unjust accusation, neither appealed to the court nor has he now brought any suit against me concerning those matters, but rather concerning some other things, thinking that by these accusations he will dissolve this judgment.
ἣν δʼ ἐγὼ τοῦτον ἐδίωκον τότε περὶ τῆς προικός, ἐπιδημοῦντος τούτου ἐνθάδε καὶ οὐκ ἀπαντήσαντος πρὸς τὸν διαιτητήν, ἐρήμην κατεδιῄτησεν αὐτοῦ.
But as for the suit which I was then prosecuting against him for the dowry, since he was residing here in the city and did not appear before the arbitrator, the arbitrator decided against him by default.
§18οὑτοσὶ δέ, ὦ ἄνδρες δικασταί, οὔτε ἠντεδίκει τότε παρὼν οὔτε ἔφη με καταδιαιτήσασθαι τὴν δίκην αὑτοῦ· οὐ γὰρ εἶναι Βοιωτὸν αὑτῷ ὄνομα, ἀλλὰ Μαντίθεον, καὶ οὕτως ὀνόματι ἀμφισβητῶν ἔργῳ τὴν προῖκά με τῆς μητρὸς ἀποστερεῖ.
But this man, gentlemen of the jury, neither contested it then by appearing, nor did he admit that I had obtained the decision against him; for he said his name was not Boeotus, but Mantitheus, and thus by disputing about the name, he in fact deprives me of my mother's dowry.
ἀπορῶν δʼ ἐγὼ τί ἄν τις χρήσαιτο τῷ πράγματι, οὕτω πάλιν τὴν αὐτὴν ταύτην δίκην λαχὼν αὐτῷ Μαντιθέῳ ἑνδεκάτῳ ἔτει νῦν εἰς ὑμᾶς καταπέφευγα.
And I, at a loss as to how one should deal with the matter, have now in the eleventh year brought this same suit against him as Mantitheus, and have fled to you for refuge.
ὡς δὲ καὶ ταῦτʼ ἀληθῆ λέγω, ἀναγνώσεται ὑμῖν τὰς περὶ τούτων μαρτυρίας.
And to show that I speak the truth in these matters also, he shall read you the depositions concerning them.
ΜΑΡΤΥΡΙΑΙ. §19ὅτι μὲν τοίνυν, ὦ ἄνδρες δικασταί, ἥ τε μήτηρ μου τάλαντον ἐπενεγκαμένη προῖκα, ἐκδοθεῖσα ὑπὸ τῶν ἀδελφῶν τῶν αὑτῆς, ὥσπερ οἱ νόμοι κελεύουσιν, συνῴκησεν τῷ πατρί, καὶ ὃν τρόπον ἐγὼ τούτους εἰσεδεξάμην εἰς τὴν οἰκίαν τοῦ πατρὸς τελευτήσαντος, καὶ ὅτι ἀπέφυγον αὐτοὺς τὰς δίκας ἅς μοι ἐνεκάλουν, ταῦτα μὲν πάντα καὶ μεμαρτύρηται ὑμῖν καὶ ἐπιδέδεικται.
WITNESSES That my mother, then, gentlemen of the jury, brought a dowry of a talent, being given in marriage by her brothers as the laws command, and cohabited with my father, and in what manner I received these men into the house after my father died, and that I was acquitted of the suits which they brought against me, all these things have been testified and demonstrated to you.
ἴθι δὴ λαβὲ καὶ τὸν περὶ τῆς προικὸς νόμον τουτονί.
Come, take also this law concerning the dowry.
ΝΟΜΟΣ. §20οὕτω τοίνυν τοῦ νόμου ἔχοντος, οἶμαι τουτονὶ Βοιωτὸν ἢ Μαντίθεον ἢ ὅ τι ποτʼ ἄλλο χαίρει προσαγορευόμενος, δικαίαν μὲν ἀπολογίαν καὶ ἀληθινὴν οὐδεμίαν ἕξειν εἰπεῖν, ἐπιχειρήσειν δὲ τῇ τόλμῃ καὶ τῇ θρασύτητι τῇ ἑαυτοῦ πιστεύοντα περιιστάναι τὰς αὑτῶν συμφορὰς εἰς ἐμέ, ἅπερ καὶ ἰδίᾳ ποιεῖν εἴωθεν, λέγων ὡς δημευθείσης τῆς Παμφίλου οὐσίας, ὃς ἦν πατὴρ τῆς Πλαγγόνος, τὰ περιγενόμενα χρήματα ὁ πατὴρ ὁ ἐμὸς ἔλαβεν ἐκ τοῦ βουλευτηρίου, καὶ οὕτως ἀποφαίνειν πειρώμενος τὴν μὲν αὑτοῦ μητέρα ἐπενεγκαμένην προῖκα πλέον ἢ ἑκατὸν μνᾶς, τὴν δʼ ἐμὴν ἄπροικον φάσκων συνοικῆσαι.
LAW Since the law stands thus, then, I suppose that this Boeotus, or Mantitheus, or whatever else he delights in being called, will have no just and true defense to offer, but relying on his own audacity and boldness, will attempt to shift their own misfortunes onto me, as he is accustomed to do also in private, by claiming that when the estate of Pamphilus, who was the father of Plangon, was confiscated, my father received the surplus money from the council-chamber, and thus attempting to show that his own mother brought a dowry of more than a hundred minae, while asserting that my mother married without a dowry.
§21ταῦτα διέξεισιν, ὦ ἄνδρες δικασταί, οὔτε μαρτυρίαν οὐδεμίαν ἐμβεβλημένος ὑπὲρ τούτων οὔτʼ ἀγνοῶν ὡς οὐδὲν ὑγιὲς λέγει, ἀλλʼ ἀκριβῶς εἰδὼς ὅτι ὁμολογῶν μὲν ἀδικεῖν ἐν ὑμῖν οὐδείς πω ἀπέφυγεν, ψευδόμενος δὲ καὶ παραγωγὰς λέγων ἤδη τις δίκην οὐκ ἔδωκεν.
He will relate these things, gentlemen of the jury, neither having submitted any testimony for them nor being ignorant that he says nothing sound, but knowing accurately that while no one who confessed to wrongdoing has ever yet been acquitted before you, some have before now escaped punishment by lying and telling misleading stories.
ἵνα οὖν μὴ ἐξαπατηθῆτε ὑπʼ αὐτοῦ, βέλτιον εἶναί μοι δοκεῖ βραχέα καὶ περὶ τούτου πρὸς ὑμᾶς εἰπεῖν.
In order, then, that you may not be deceived by him, it seems better to me to say a few words to you about this matter too.
§22ἐὰν γὰρ λέγῃ ὡς ἡ μὲν ἐμὴ μήτηρ οὐκ ἐπηνέγκατο προῖκα, ἡ δὲ τούτων ἐπηνέγκατο, ἐνθυμεῖσθε ὅτι περιφανῶς ψεύδεται.
For if he says that my mother did not bring a dowry, while their mother did, bear in mind that he lies conspicuously.
πρῶτον μὲν γὰρ ὁ Πάμφιλος ὁ πατὴρ τῆς τούτου μητρὸς πέντε τάλαντα τῷ δημοσίῳ ὀφείλων ἐτελεύτησεν, καὶ τοσούτου ἐδέησεν περιγενέσθαι τι τοῖς ἐκείνου παισὶν τῆς οὐσίας ἀπογραφείσης καὶ δημευθείσης, ὥστε οὐδὲ τὸ ὄφλημα πᾶν ὑπὲρ αὐτοῦ ἐκτέτεισται, ἀλλʼ ἔτι καὶ νῦν ὁ Πάμφιλος ὀφείλων τῷ δημοσίῳ ἐγγέγραπται.
For in the first place, Pamphilus, the father of their mother, died owing five talents to the public treasury, and so far from any of the estate remaining for his children after the property was registered and confiscated, not even the whole debt has been paid on his behalf, but even now Pamphilus remains registered as owing money to the public treasury.
πῶς οὖν οἷόν τε τὸν ἐμὸν πατέρα χρήματα λαβεῖν ἐκ τῆς Παμφίλου οὐσίας, ἣ οὐδὲ αὐτὸ τὸ ὄφλημα ἱκανὴ ἐγένετο τῇ πόλει ἐκτεῖσαι;
How then was it possible for my father to receive money from the estate of Pamphilus, which was not even sufficient to pay the debt itself to the city?
§23ἔπειτα, ὦ ἄνδρες δικασταί, ἐνθυμεῖσθε ὅτι, εἰ τὰ μάλιστα περιεγένετο τὰ χρήματα ταῦτα, ὥσπερ οὗτοί φασιν, οὐκ ἂν ὁ ἐμὸς πατὴρ αὐτὰ ἔλαβεν, ἀλλʼ οἱ τοῦ Παμφίλου υἱεῖς, Βοιωτὸς καὶ Ἡδύλος καὶ Εὐθύδημος, οἳ οὐκ ἂν δήπου ἐπὶ μὲν τῷ τἀλλότρια λαμβάνειν ὅτι ἂν οὖν ἐποίουν, ὡς καὶ ὑμεῖς ἅπαντες ἴστε, τὰ δʼ αὑτῶν τὸν ἐμὸν πατέρα περιεῖδον κομισάμενον.
Secondly, gentlemen of the jury, bear in mind that, even if this money had remained in the highest degree, as these men say, my father would not have received it, but rather the sons of Pamphilus—Boeotus, Hedylus, and Euthydemus—who would surely not, while they would do anything to take what belonged to others, as you all know, have allowed my father to carry off what was their own.

Notes

  1. §17ἣν δʼ ἐγὼ τοῦτον ἐδίωκον τότε περὶ τῆς προικός — The relative pronoun ἣν has the noun δίκην (suit) from the preceding context as its antecedent and serves as the direct object of the verb ἐδίωκον (prosecute). The pronoun τοῦτον is the person-object in the accusative, meaning "the suit which I was then prosecuting against him concerning the dowry."
  2. §20ἅπερ καὶ ἰδίᾳ ποιεῖν εἴωθεν — The relative pronoun ἅπερ (neuter plural accusative) refers back to the entire action expressed by the preceding infinitive phrase, περιιστάναι τὰς αὑτῶν συμφορὰς εἰς ἐμέ (shifting their own misfortunes onto me), serving as the object of εἴωθεν (is accustomed).
  3. §22τοσούτου ἐδέησεν περιγενέσθαι τι τοῖς ἐκείνου παισὶν... ὥστε... — The impersonal construction τοσούτου ἐδέησεν followed by the infinitive (περιγενέσθαι) is an idiomatic expression meaning "it was so far from occurring" or "far from happening." Coupled with the consecutive ὥστε clause, it emphasizes a double negative outcome: "so far was any of the estate from remaining... that not even..."
  4. §23ἐπὶ μὲν τῷ τἀλλότρια λαμβάνειν ὅτι ἂν οὖν ἐποίουν — The preposition ἐπί with the dative articular infinitive (τῷ λαμβάνειν) denotes purpose or condition ("for the sake of taking others' property"). This is followed by the general relative clause ὅτι ἂν οὖν ἐποίουν ("they would have done anything whatsoever"), describing their relentless and greedy character.

Cite this passage

Demosthenes, Against Boeotus II §17-23. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg040.humanitext-grc2:17-23

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