2. Eraton, the father of Erasiphon, borrowed two talents from my grandfather. That he took the money and that he asked him to lend so much, I will furnish as witnesses those in whose presence it was given. How he employed it, and what use he made of it, those who know better than I and were cognizant of his proceedings will declare and give evidence to you. Now call the witnesses.
EVIDENCE.
3. As long as Eraton lived, I received the interest and other details of the transaction. When he died he left three sons, Erasiphon, Eraton and Erasistratus, but they no longer paid their dues. So in the war, as there were no courts, we could not exact from them what they owed, and when peace came, when civil suits were being heard, my father, having obtained leave to bring suit against Erasistratus for the whole debt; as he alone of the brothers lived in the city, obtained judgment against him in the archonship of Xenaetnetus. Now call the witnesses.
WITNESSES.
4. That the property of Eraton would rightfully be ours, is easily seen from these men, and that it is all confiscated, from the lists, for three or four persons entered the items. Now this is clear to every one that they would not have omitted anything else which it was possible to confiscate while making a list of all Eraton's property,—even what I have for some time held myself.
I think it is evident that I cannot recover this money elsewhere if you confiscate this property. 5. But now see in what a different spirit I and these persons make my claim against you. For as long as the friends of Erasiphon disputed the property with me, I claimed it was all mine, because Erasistratus was defeated while defending a suit against my father for the whole. And I have let the property at Sphettus for three years past, and was engaged in a suit with the occupants of the property at Cicyna and the house there. But last year they struck out the suit on the ground that they were merchants; but now, though I brought in my suit in the month Gamelion, the Marine Court rendered no decision. 6. And since you thought best to confiscate Eraton's property, I think two shares should be allowed the state and the property of Erasistratus be voted to me, as you have decided that this was formerly in my possession. So I have picked out for myself one-third of the property, roughly estimated, and leaving over two-thirds to the state. 7. It is easy to find out from the valuation put upon it. All the property has been valued at more than a talent, and what I claim, I value at five minae and a thousand drachmae respectively. If they are worth more than this, when the property is sold, the state shall have the rest. 8. That you may know that these are the facts, I will bring as witnesses to you, first, those who hired from me the place at Sphettus, then those living near the place at Cicyna who were acquainted with me when I made the claim three years ago, also the archons of last year before whom the suits were brought, and the present Marine Court. 9. The lists too will be read you, for from them you will know that my claim to this property is not a recent one, and that I do not ask more from the state than from private individuals. Now call the witnesses.
WITNESSES. LISTS.
10. It has now been proved that I do not wrongfully claim the decision of the property in my favor, but that after relinquishing much of the property to the state I claim this only. And now it seems right for me to ask this of you, and the magistrates with you.