[Evidence]
Thus have we been injured, judges, by this man; whilst Leochares, who was bound for him and has been the cause of all our misfortunes, is confident enough to deny what has been proved against him; because his undertaking was not entered in the register of the court; now, judges, as we were then in great haste, we had time to enter part only of what had been agreed on, and took care to provide faithful witnesses of all the rest; but these men have a convenient subterfuge: what is advantageous to them they allow to be valid although it be not written, but deny the validity of what may be prejudicial to their interests unless it be in writing; nor am I surprised that they refuse to perform their verbal promises since they will not act conformably to their written agreements.
That we speak truly, an undeniable proof shall be produced: Dicaeogenes gave my sister in marriage with a portion of forty minas to Protarchides of Potamos; but, instead of paying her fortune in money he gave her husband a house which belonged to him in Ceramicus; now she had the same right with my mother to a share of the estate; when Dicaeogenes, therefore, had resigned to the women two-thirds of the inheritance, Leochares told Protarchides in what manner he had become a surety, and promised in writing to give him his wife’s allotment if he would surrender to him the house which he had taken instead of the portion; Protarchides, whose evidence you shall now hear, consented; but Leochares took possession of his house and never gave him any part of the allotment.
[Evidence]
As to the repairs of the bath and the expenses of building, Dicaeogenes has already said, and will probably say again, that we have not reimbursed him, according to our engagement, for the sum which he expended on that account, for which reason he cannot satisfy his creditors nor give us the shares to which we are entitled. To answer this, I must inform you that, when we compelled him in open court to disclaim this part of the inheritance, we permitted him, by the advice of the jury, to retain the products of the estate, which he had enjoyed for so long, by way of compensation for his expense in repairs and for his public charges; and some time after, not by compulsion, but of our own free will, we gave him a house in the city, which we separated from our own estate and added to this third part.
This he had as an additional recompense for the materials which he had bought for his building; and he sold the house to Philonicus for fifty minas; nor did we make him this present as a reward of his probity, but as a proof that our own relatives, how dishonest soever, are not undervalued by us for the sake of lucre; and even before, when it was in our power to take ample revenge of him by depriving him of all his possession, we could not act with the rigor of justice, but were contented with obtaining a decree for part of our own property; whilst he, when he had procured an unjust advantage over us, plundered us with all possible violence, and now strives to ruin us, as if we were not his kinsmen, but his inveterate foes.
We will now produce a striking instance of our candor and of his knavery. When, in the month of December, judges, the prosecution against Leochares was carried on with firmness, both he and Dicaeogenes entreated me to postpone the trial and refer all matters in dispute to arbitration; to which proposal, as if we had sustained only a slight injury, we consented; and four arbitrators were chosen, two by us, and as many by them; we then swore, in their presence, that we would abide by their award; and they told us that they would settle our controversy, if possible, without being sworn; but that, if they found it impossible to agree, they would severally declare upon oath what they thought the merits of the case. After they had interrogated us for a long time, and inquired minutely into the whole transaction, Diotamus and Melanopus the two arbitrators, whom we had brought, expressed their readiness to make their award, either upon oath or otherwise, according to their opinion of the truth from the testimony of both parties; but the other two, whom Leochares had chosen, refused to join in any award at all; though one of them, Diopithes, was a kinsman of Leochares, and an enemy to me on account of some former disputes, and his companion, Demaratus, was a brother of that Mnesiptolemus whom I mentioned before as one of the sureties for Dicaeogenes; these two decided against giving any opinion, although they had obliged us to swear that we would submit to their decision.
[Evidence]
It is abominable, then, that Leochares should request you to pronounce a sentence in his favor which his own relation, Diopithes, refused to pronounce; and how can you, judges, with propriety decree for this man, when even his friends have virtually decreed against him? For all these reasons I entreat you, unless you think my request inconsistent with justice, to decide this case against Leochares.
As for Dicaeogenes, he deserves neither your compassion as an indigent and unfortunate man, nor your indulgence as a benefactor in any degree to the state; I shall convince you, judges, that neither of these characters belongs to him; shall prove him to be both a wealthy and a profligate citizen, and shall produce instances of his base conduct towards his friends, his kinsmen, and the public. First, though he took from us an estate from which he annually received eighty minas, and although he enjoyed the profits of it for ten years, yet he is neither in possession of the money nor will declare in what manner he has employed it. It is also worthy of your consideration, that, when he presided over the games of his tribe at the feast of Bacchus he obtained only the fourth prize, and was the last of all in the theatrical exhibitions and the Pyrrhic dances: these were the only offices that he has served, and these, too, by compulsion; and see how liberally he behaved with so large an income! Let me add that in a time of the greatest public calamity, when so many citizens furnished vessels of war, he would not equip a single galley at his own expense, nor even joined with another; whilst others, whose entire fortune was not equal to his yearly rents, bore that expensive office with alacrity; he ought to have remembered that it was not his father who gave him his estate, but you, judges, who established it by your decree; so that, even if he had not been a citizen, gratitude should have prompted him to consult the welfare of the city.