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On The Property Of Eraton (1-5)

urn:cts:greekLit:tlg0540.tlg017.perseus-eng2:1-5
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Perhaps some of you, gentlemen of the jury, suppose that, since I desire to be a person of some account, I must be able to excel others in speaking: but, so far from my being competent to speak on matters that do not concern myself, I fear that, even on matters of which I am obliged to speak, I may be unable to say what is needful. I believe, however, that if I can give you the full story of our dealings with Eraton and his children, you will easily form therefrom a proper judgement on the claim now put forward. So let me tell it you from the beginning.

Eraton, father of Erasiphon, borrowed from my grandfather two talents. To show that he received this money, and that it was the amount of the loan that he requested, I will produce to you witnesses before whom the money was paid. As to the use that he made of it, and the profit that he got, those who know better than I, as having been in touch with his business, will relate and testify it to you. Please call witnesses.

Witnesses

Now as long as Eraton was alive, we duly received our interest and the terms of agreement were kept; but when he died, leaving three sonsErasiphon, Eraton and Erasistratus,—these persons ceased to give us our rightful dues. During the war,[*] of course, as there were no suits at law, we were unable to make them pay what they owed; but when peace was made, as soon as civil suits began to be tried, my father got permission to proceed against Erasistratus for the whole debt, as he alone of the brothers was resident here, and obtained a verdict against him in the archonship of Xenaenetus.[*] I will produce to you witnesses of these facts also. Please call witnesses.

Witnesses

That the property of Eraton should of right be ours is easily understood from these statements, but that the whole is being confiscated appears from the actual inventories; for these have been compiled in detail by three and even four persons. Surely it is obvious to everyone that they would not have omitted any other property of Eratons available for confiscation, when they were entering all the property of Eraton, including even the part that has belonged to me for a long time past. Well, that it is not possible for us to recover anything even from the other side, once you have confiscated this property, I consider obvious;

but now let me tell you how I have treated you,[*] as distinct from private persons, in the conduct of this dispute. As long as the relatives of Erasiphon were contesting this property, I claimed the whole as mine, because Erasistratus lost his case when he pleaded against my fathers suit for the whole debt; and for the last three years I have let out the property at Sphettus,[*] but over the property at Cicynna[*] and the house there I was at law with the occupiers. Last year, however, they got my suit quashed by alleging that they were sea-traders[*]; but at present, although I was permitted to bring proceedings in the month of Gamelion,[*] the nautical court has not decided the case.

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