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CTS Library / Against Onetor, An Ejectment Suit I

Against Onetor, An Ejectment Suit I (6-10)

urn:cts:greekLit:tlg0014.tlg030.perseus-eng2:6-10
Refs {'start': {'reference': '6', 'human_reference': 'Section 6'}, 'end': {'reference': '10', 'human_reference': 'Section 10'}}
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In common with many others of the Athenians, men of the jury, this man was well aware that my guardians were proving false to their trust. Indeed, it became clear very early that I was being wronged, so many were the discussions and arguments regarding my affairs held before the archon and before other officials. For the value of the property left me was well known, and it was pretty clear that the administrators were leaving it unlet in order that they might have the use of the money themselves. There was not a single one, therefore, among those who realized what was going on, who did not expect that I should obtain a judgement for damages from these men, as soon as I should attain my majority.

Among those who from first to last held this opinion were Timocrates and Onetor. Of this I can give you the strongest of proofs. For the defendant wished to give his sister in marriage to Aphobus, seeing that he had got into his hands his own patrimony and mine (which was not inconsiderable) as well; but he had not confidence enough in him to abandon her marriage-portion. It was as if he felt, forsooth, that the property of guardians was a security for their wards.[*] He did, however, give him his sister, but the portion, Timocrates, who had been her former husband, agreed to keep as a loan with interest at the rate of five obols.[*]

When I had won my suit against Aphobus in the matter of the guardianship and he still refused to make any just settlement, Onetor did not even try to settle our dispute, but, alleging that his sister had been divorced, and that he was unable to get back her marriage-portion, which he had paid (although he had not paid it, and it was even then in his possession), declared that he had taken a mortgage on the land, and had the effrontery to expel me from it; such was his contempt for me, and for you, and for the laws which were in force.

These, men of the jury, are the facts because of which he is defendant in the present suit, and regarding which you are to cast your vote. I shall bring forward witnesses, and in the first instance Timocrates himself, who will testify that he agreed to hold the dowry as a loan, and that he continued to pay interest on it to Aphobus according to the agreement; also that Aphobus himself acknowledged that he received the interest from Timocrates.

Take the depositions.

The Depositions

From the very first, you see, it is admitted that the dowry was not paid to Aphobus, and that he did not get it under his control. And it seems very probable that on account of the facts which I have mentioned, they chose to continue as debtors for the dowry, rather than to have it involved in the estate of Aphobus which was sure to be so seriously endangered. For it is impossible for them to claim that poverty prevented their paying it over at once, since Timocrates has an estate of more than ten talents, and Onetor one of more than thirty; so this cannot have been the reason why they have not made an immediate payment.

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