Unknown Pleader Against Phaenippus, On an Exchange of Properties (21-25)

Ought I, then, to continue in the same class, when the same fortune does not attend me now as formerly? Do not demand that; it would not be just. No; do you also take your turn and share for a little while in the class that performs public services, since those engaged in mining have suffered reverses while you farmers are prospering beyond what is your due. For a considerable time you have enjoyed the income of two estates, that of your natural father, Callippus, and that of him who adopted you, Philostratus, the orator, and you have never done anything for your fellow-citizens here.[*]

Yet my father left to each of us, my brother and myself, an estate of forty-five minae merely, on which it is not easy to live, while your fathers were possessed of such wealth that each of them set up a tripod in honor of choregic victories at the Dionysia. And I do not begrudge them this, for it is the duty of the wealthy to render service to the state. Do you, therefore, show that you have expended one single copper coin on the state—you, who have inherited two estates which performed public services.

But you cannot show it, for you have learned secrecy and evasion and how to do everything to escape rendering service to your fellow-citizens here. But I will show that I have expended large sums—I, who inherited that slender estate from my father.

(To the clerk.) Now read me first that law which declares that no mining property shall be included in the inventory, and the challenge and then the depositions proving that this fellow Phaenippus has inherited two estates that performed public services.

The Law. The Challenge. The Depositions

There is one thing only, men of the jury, in which anyone could show that this man Phaenippus has been ambitious of honor from you: he is an able and ambitious breeder of horses,[*] being young and rich and vigorous. What is a convincing proof of this? He has given up riding on horseback, has sold his war horse, and in his place has bought himself a chariot—he, at his age!—that he may not have to travel on foot; such is the luxury that fills him. This chariot he has included in his inventory to me, but of the barley and wine and the rest of the farm-produce not a tenth part.

He deserves then, does he not, to be let off now, seeing that he has been so public-spirited and ambitious to serve both with his property and his person? No; far from it. For it is the duty of honest jurymen to give respite to those citizens, when they have need of such help, who, when prosperous, willingly perform public services and remain in the list of the Three Hundred; but as to those who consider as lost whatever money they spend upon the state, you should bring them into the list of those who make advance contributions, and not suffer them to run away from their duty.

(To the clerk.) Read first the deposition, and then his declaration.

The Deposition. The Declaration