Callistratus Against Olympiodorus, an Action for Damages (8-10)

The conclusion to which we came, however, it is necessary for you to hear. I myself reached the decision regarding his claims, and he regarding mine, that we should each take half of what Comon left, and there should be no further unpleasantness between us. I chose, men of the jury, voluntarily to share the inheritance with him rather than come into court and risk a trial with the fellow, who is a relative, and to say unpleasant things of one who is a brother of my wife and the uncle of my children, and hear disagreeable things from him.

Thinking of all these things I came to terms with him.

After this we drew up written articles of agreement regarding all matters involved, and swore solemn oaths to one another that we would in very truth divide fairly and honestly all the visible property that there was, and that neither of us would in any respect take advantage of the other in regard to Comon’s estate; that we would make joint inquiry for the rest, and would act in common in forming whatever plans should from time to time be necessary.

For we suspected, men of the jury, that others besides ourselves would come to lay claim to the estate of Comon. For instance, there was my brother, on my father’s but not my mother’s side, who was out of the country; and, if anyone else wished to put in a claim, there was no way for us to prevent it; for the laws ordain that anyone who chooses may put in a claim. Foreseeing all these contingencies, we drew up our articles of agreement and swore our oaths in order that neither of us might have the opportunity of doing anything whatever independently, whether he should wish to do so or not, but that we should do everything by mutual agreement.