What was their agreement?
That Menexenus should receive a competent share of the effects on condition of his betraying us, and releasing the other false witnesses, whom he had not yet convicted; then, injured by our enemies, and by our friends, we remained with silent indignation; but you shall hear the whole transaction from the mouths of witnesses.
[Evidence]
Nor did Menexenus lose the reward of his perfidy; for, when he had dismissed the persons accused, and given up our cause, we could not recover the promised bribe from his seducer whose deceit he so highly resented, that he came over again to our side.
We, therefore, justly thinking that Dicaeogenes had no right to any part of the inheritance, since his principal witness had been actually convicted of perjury, claimed the whole estate as next of kin to the deceased; nor will it be difficult to prove the justice of our claim; for, since two wills have been produced, one of an ancient date, and the other more recent; since by the first, which Proxenus brought with him, our uncle made the defendant heir to a third part of his fortune, which will Dicaeogenes himself prevailed upon the jury to set aside; and since the second, under which he claims the whole has been proved invalid by the conviction of the perjured witnesses, who swore to its validity; since, I say, both will have been shown to be forged, and no other testament existed, it was impossible for any man to claim the property as heir by appointment, but the sisters of the deceased, whose daughters we married, were entitled to it as heirs by birth.
These reasons induced us to sue for the whole as next of kin, and each of us claimed a share; but when we were on the point of taking the usual oaths on both sides, this Leochares put in a protestation that the inheritance was not controvertible; to this protestation we took exceptions, and having begun to prosecute Leochares for perjury, we discontinued the former case. After we had appeared in court, and urged the same arguments on which we have now insisted, and after Leochares had been very loquacious in making his defense, the judges were of opinion that he was perjured, and as soon as this appeared by the number of pellets, which were taken out of the urns, it is needless to inform you what entreaties he used both to the court and to us, or what an advantage we might then have taken; but attend to the argument which we have made, and upon our consenting that the Archon should mix the pellets together without counting them, Dicaeogenes undertook to surrender two-thirds of the inheritance, and to resign them without any dispute to the sisters of the deceased, and for the full performance of this undertaking, Leochares was his surety, together with Mnesiptolemus the Plotian; all which my witnesses will prove.
[Evidence]
Although we had been thus injured by Leochares, and had it in our power, after he was convicted of perjury, to mark him with infamy, yet we consented that judgment should not be given, and were willing to drop the prosecution upon condition of recovering our inheritance; but after all this mildness and forbearance we were deceived, judges, by these faithless men; for neither has Dicaeogenes restored to us the two-thirds of his estate, conformably to his agreement in court; nor will Leochares confess that he was bound for the performance of that agreement. Now if these promises had not been made before five hundred jurymen and a crowd of hearers, one cannot tell how far this denial might have availed him; but, to show how falsely they speak, I will call some witnesses who were present both when Dicaeogenes disclaimed two-thirds of the succession and undertook to restore them undisputed to the sisters of our uncle, and when Leochares engaged that he should punctually perform what he had undertaken; to confirm his evidence, judges, we entreat you, if any of you were then in court, to recollect what passed, and, if our allegations are true, to give us the benefit of your testimony, for, if Dicaeogenes speaks the truth, what advantage did we reap from gaining the cause, or what inconvenience did he sustain by losing it?
If, as he asserts, he only disclaimed the two-thirds without agreeing to restore them unencumbered, what has he lost by relinquishing his present claim to an estate the value of which he has received? For he was not in possession of the two third parts, even before we succeeded in our suit, but had either sold or mortgaged them; it was his duty, however, to return the money to the purchasers and to give us back our share of the land; since it was with a view to this that we, not relying singly upon his own engagement, instead upon his finding a surety. Yet, except two small houses without the walls of the city, and about sixty acres of land in the plain, we have received no part of our inheritance; nor did we care to eject the purchasers of the rest lest we should involve ourselves in litigation; for when, by the advice of Dicaeogenes, and on his promise not to oppose our title, we turned Micio out of a bath which he had purchased, he brought an action against us and recovered forty minas.
This loss, judges, we incurred through the perfidy of Dicaeogenes; for we, not imagining that he would recede from an agreement so solemnly made, assured the court that we would suffer any evil if Dicaeogenes should warrant the bath to Micio; not that we depended on his own word, but we could not conceive that he would betray the sureties who had undertaken for him; yet this very man, who disavowed all pretensions to these two-thirds, and even now admits his disavowal, had the baseness, when he was vouched by Micio, to acknowledge his warranty; while I, unhappy man, who had not received a particle of my share, was condemned to pay forty minas for having ousted a fair purchaser and left the court oppressed by the insults of this Dicaeogenes. To prove the transaction I shall call my witnesses.