by Demosthenes
[12] καίτοι τί κάλλιον ἦν τοῦ τὸν παῖδα στρεβλοῦντ᾽ ἐλέγξαι ψευδομένους ἡμᾶς; ἀλλὰ συνῄδει πάντων μάλιστ᾽ ἀνθρώπων ὅτι τἀληθῆ μεμαρτύρηται: διόπερ ἔφευγε τὴν βάσανον. ἀλλὰ μὴν οὐχ εἷς οὐδὲ δύο ταῦτ᾽ ἴσασιν, οὐδ᾽ ὑπὸ μάλης ἡ πρόκλησις γέγονεν, ἀλλ᾽ ἐν τῇ ἀγορᾷ μέσῃ πολλῶν παρόντων. καί μοι κάλει τούτων τοὺς μάρτυρας.”Μάρτυρες”
[12] What better opportunity could he have had of convicting us of falsehood than by putting my slave to torture? But Aphobus knew better than anyone else that the slave had borne true testimony, and therefore he declined the test. And in truth it is not one or two only who know these facts; the challenge was not made in secret, but in the midst of the agora where many were present.
Call, please, the witnesses to these facts.” Witnesses”
[13] οὕτω τοίνυν οὗτός ἐστιν σοφιστὴς καὶ σφόδρ᾽ ἑκὼν τὰ δίκαι᾽ ἀγνοεῖν προσποιούμενος, ὥστε ψευδομαρτυρίων διώκων, καὶ περὶ τούτου τὴν ψῆφον ὑμῶν μελλόντων οἴσειν καὶ ὀμωμοκότων, περὶ τῆς μαρτυρίας μὲν ἔφευγε τὴν βάσανον, περὶ οὗ μάλιστα προσῆκεν αὐτῷ τὸν λόγον ποιεῖσθαι, περὶ δ᾽ ἄλλων φησὶν ἐξαιτεῖν, ψευδόμενος.
[13] The fellow is so cunning, and so ready to pretend ignorance of what is right, that, although he is pressing a suit for false witness, and although you are to cast your votes regarding this, and have sworn so to do, he refused the proffered examination by torture in regard to the testimony （the point to which he should have devoted his argument）, and declares that he requires the slave to be given up for testing in regard to other matters. In this he is lying.
[14] καίτοι πῶς οὐχ ὑπερφυές, αὑτὸν μὲν δεινὰ πεπονθέναι φάσκειν, εἰ τὸν ἐλεύθερον ἐξαιτῶν, ὡς ἐγὼ σαφῶς ὑμῖν ἐπιδείξω, μὴ παρέλαβεν, τοὺς δὲ μάρτυρας οὐ δεινὰ πάσχειν νομίζειν, τὸν ὁμολογουμένως δοῦλον περὶ ὧν ἐμαρτύρησαν ἐκδιδόντος, οὐκ ἐθέλοντος τούτου παραλαβεῖν; οὐ γὰρ δὴ τοῦτό γ᾽ ἔνεστιν εἰπεῖν, ὡς περὶ μὲν τινῶν ὧν αὐτὸς βούλεται σαφὴς ἡ βάσανος, περὶ δ᾽ αὖ τινῶν οὐ σαφής.
[14] Is it not indeed monstrous that he should claim that he is being outrageously treated by my refusal of his demand to have delivered to him for torture a freeman （for such I shall conclusively prove Milyas to be）, and should not consider that my witnesses are being outrageously treated, when I offer him one who is admittedly a slave, to be tested by torture regarding their testimony, and he refuses? For he surely cannot maintain this, that for some matters, which he himself desires, torture is a certain test, and for others not.
[15] ἔτι τοίνυν, ὦ ἄνδρες δικασταί, ταύτην τὴν μαρτυρίαν ἐμαρτύρησεν ἁδελφὸς ὁ τούτου πρῶτος Αἴσιος, ὃς νῦν μὲν ἔξαρνός ἐστιν τούτῳ συναγωνιζόμενος, τότε δ᾽ ἐμαρτύρησεν ταῦτα μετὰ τῶν ἄλλων, οὔτ᾽ ἐπιορκεῖν οὔτ᾽ εὐθὺς παραχρῆμα δίκην ὀφλισκάνειν βουλόμενος. ὃν οὐκ ἂν δήπου, ψευδῆ μαρτυρίαν εἰ παρεσκευαζόμην, ἐνέγραψ᾽ ἂν εἰς τοὺς μάρτυρας, ὁρῶν μὲν Ἀφόβῳ χρώμενον μάλιστ᾽ ἀνθρώπων ἁπάντων, εἰδὼς δὲ συνεροῦντ᾽ αὐτῷ τὴν δίκην, ἔτι δ᾽ ἐμαυτοῦ ὄντ᾽ ἀντίδικον: οὐ γὰρ ἔχει λόγον τὸν ἑαυτοῦ διάφορον καὶ τούτου ἀδελφὸν μὴ ἀληθινῆς μαρτυρίας ἐγγράψαι μάρτυρα.
[15] Furthermore, men of the jury, the first witness to give this testimony was Aesius, the brother of the plaintiff. He now denies it, because he has allied himself in the suit with Aphobus; but at that time he gave this testimony along with the other witnesses, for he had no desire to perjure himself, or to suffer the penalty which would straightway follow. Surely now, if I had been getting up false testimony, I should not have put this man in my list of witnesses, seeing that he was more intimate with Aphobus than with anyone else in the world, and knowing that he was going to plead for him in the suit, and that he was an adversary of my own. It is not reasonable that one should call as witness to a false statement one who is an opponent of his own, and a brother of his adversary.
[16] τούτων τοίνυν εἰσὶ μὲν πολλοὶ μάρτυρες, ἔτι δ᾽ οὐκ ἐλάττω τεκμήρια τῶν μαρτύρων. πρῶτον μὲν γάρ, εἴπερ ὡς ἀληθῶς ταῦτα μὴ ἐμαρτύρησεν, οὐκ ἂν νῦν ἔξαρνος ἦν, ἀλλὰ τότ᾽ εὐθὺς ἐπὶ τοῦ δικαστηρίου τῆς μαρτυρίας ἀναγιγνωσκομένης, ἡνίκα μᾶλλον ἂν αὐτὸν ἢ νῦν ὠφέλει. δεύτερον δ᾽ οὐκ ἂν ἡσυχίαν ἦγεν, ἀλλὰ δίκην ἄν μοι βλάβης ἔλαχεν, εἰ ψευδομαρτυρίων ὑπόδικον αὐτὸν ἐποίουν κατὰ τἀδελφοῦ οὐ προσῆκον, ἐν ᾗ καὶ περὶ χρημάτων καὶ περὶ ἀτιμίας ἄνθρωποι κινδυνεύουσιν.
[16] I have many witnesses to these facts, and circumstantial proofs no fewer in number than the witnesses. In the first place, if he did not in very truth give this testimony, he would not be denying it now, but would have done so at once in the courtroom, when the deposition was read, for it would have answered his purpose better then than now. In the second place Aesius would not have kept quiet, but would have sued me for damages, if without cause I had made him liable to a charge of bearing false witness against his brother, a charge on which men run the risk both of damages in money and the loss of citizenship.
[17] ἔτι δὲ τὸ πρᾶγμ᾽ ἂν ἐξελέγξαι ζητῶν, ἐξῄτησεν ἄν με τὸν παῖδα τὸν γράφοντα τὰς μαρτυρίας, ἵν᾽ εἰ μὴ παρεδίδουν, μηδὲν δίκαιον λέγειν ἐδόκουν. νῦν δὲ τοσούτου ποιῆσαί τι τούτων ἐδέησεν, ὥστ᾽ οὐδ᾽ ἐμοῦ παραδιδόντος, ἐπειδὴ ταῦτ᾽ ἔξαρνος ἐγένεθ᾽ οὗτος, παραλαβεῖν ἠθέλησεν, ἀλλ᾽ ὁμοίως φαίνονται καὶ περὶ τούτων φεύγοντες τὰς βασάνους.
[17] Again, in seeking to bring the truth of the matter to light, he would have demanded of me the slave who wrote the depositions, in order that, if I refused to give him up, I might seem to have no just ground for my statements. But, as it is, so far from doing anything of the sort, he refused to accept the slave for torture, when I, on his denial that he had given the evidence, offered him. So plain is it that regarding this matter too both he and Aphobus as well were alike unwilling to have recourse to torture.
[18] καὶ ταῦθ᾽ ὡς ἀληθῆ λέγω, καὶ ἔν τε τοῖς μάρτυσιν μεμαρτυρηκὼς Αἴσιος οὐκ ἠρνήθη ταῦτ᾽ ἐπὶ τοῦ δικαστηρίου τούτῳ παρεστηκὼς τῆς μαρτυρίας ἀναγιγνωσκομένης, ἐμοῦ τ᾽ ἐκδιδόντος τὸν παῖδα περὶ ἁπάντων τούτων βασανίζειν αὐτοῖς οὐκ ἠθέλησε παραλαβεῖν, καθ᾽ ἕκαστον ὑμῖν παρέξομαι τοὺς μάρτυρας. καί μοι κάλει δεῦρ᾽ αὐτούς.”Μάρτυρες”
[18] To p
rove that my words are true, that after Aesius had given his testimony with the other witnesses, he made no denial of the fact, when, standing by the plaintiff’s side in the courtroom, he heard the deposition read, and that, when I offered the slave to them to be questioned by torture regarding all these matters, he refused to accept the offer — regarding each of these points severally I shall produce witnesses. Please call them here.” Witnesses”
[19] ὃ τοίνυν, ὦ ἄνδρες δικασταί, πάντων τῶν εἰρημένων οἶμαι μέγιστον ὑμῖν ἐρεῖν σημεῖον τοῦ ταῦτ᾽ ἀποκρίνασθαι τοῦτον, βούλομαι διελθεῖν. ἐπειδὴ γὰρ ἐξῄτει με τὸν ἄνθρωπον ταῦθ᾽ ὡμολογηκὼς ἃ μεμαρτύρηται, βουλόμενος καὶ τότ᾽ αὐτὸν ἐξελέγξαι τεχνάζοντα τί ποιῶ;
[19] I wish now to set forth to you, men of the jury, what I consider a stronger proof than all those that have been mentioned, to show that the plaintiff did give this answer. When, despite the admissions which he is proved to have made, he demanded of me Milyas for torture, I was so eager to show on the spot that this, too, was a subterfuge on his part, that what do you think I did?
[20] προσκαλοῦμαι κατὰ Δήμωνος εἰς μαρτυρίαν, ὄντος αὐτῷ θείου καὶ κοινωνοῦ τῶν ἀδικημάτων, καὶ συγγράψας ταῦτ᾽ ἐκέλευον μαρτυρεῖν, ἃ νῦν διώκει τῶν ψευδομαρτυρίων. οὗτος δὲ τὸ μὲν πρῶτον ἀπηναισχύντει, τοῦ δὲ διαιτητοῦ κελεύοντος μαρτυρεῖν ἢ ἐξομνύειν ἐμαρτύρησεν πάνυ μόγις. καίτοι εἴ γ᾽ ἦν δοῦλος ἅνθρωπος καὶ μὴ προωμολόγητο πρὸς τοῦδ᾽ ἐλεύθερος εἶναι, τί μαθὼν ἐμαρτύρησεν, ἀλλ᾽ οὐκ ἐξομόσας ἀπηλλάγη τοῦ πράγματος;
[20] I summoned Aphobus to give evidence against Demo, his uncle and a partner in his crimes. I wrote out the testimony which he now attacks as false and ordered him to make a deposition to it. At first he brazenly refused, but when the arbitrator bade him depose, or deny the fact under oath, he deposed, sorely against his will. And yet if the man was a slave, and had not been already admitted by Aphobus here to be free, what in the world induced him to make this deposition? Why did he not deny it on oath, and so get free of the affair?
[21] ἀλλὰ μὴν καὶ περὶ τούτων ἤθελον παραδοῦναι τὸν παῖδα τὸν γράφοντα τὴν μαρτυρίαν, ὃς τά τε γράμματ᾽ ἔμελλεν γνώσεσθαι τὰ ἑαυτοῦ καὶ τοῦτον ἐμνημόνευεν ἀκριβῶς μαρτυρήσαντα ταῦτα. καὶ ταῦτ᾽ ἤθελον οὐχὶ μαρτύρων ἀπορῶν οἳ παρῆσαν （ἦσαν γάρ）, ἀλλ᾽ ἵνα μὴ τούτους αἰτιῷτο τὰ ψευδῆ μαρτυρεῖν, ἀλλὰ τὸ πιστὸν ἐκ τῆς βασάνου τούτοις ὑπάρχοι. καίτοι πῶς ἄξιόν ἐστι καταγνῶναι τῶν μαρτύρων διὰ τοῦτο, οἳ μόνοι τῶν πώποτ᾽ ἠγωνισμένων δίκην ἐν ὑμῖν τὸν διώκοντ᾽ αὐτὸν αὑτοῖς μάρτυρα τούτων ἐπιδεικνύουσιν γεγενημένον; ἀλλὰ μὴν ὡς ἀληθῆ λέγω, λαβὲ τὴν πρόκλησιν καὶ τὴν μαρτυρίαν.”Πρόκλησις”“Μαρτυρία”
[21] Pray note that in regard to this matter also I was ready to give over to him for torture the slave who had written the deposition, who would know his own handwriting, and who clearly remembered that Aphobus had made the deposition. I was ready to do this, not for want of witnesses who were present, for there were some; but in order that he might not accuse these men of giving false testimony, and that the result of the torture might support them. Yet it is not fair to condemn the witnesses on his account. They alone of men who have as yet stood trial before you can show that the plaintiff himself has borne witness to their testimony as to these matters.
To prove that I am speaking the truth, take the challenge and the deposition.” Challenge ““ Deposition”
[22] τηλικαῦτα τοίνυν δίκαια φυγὼν οὗτος, καὶ ἐκ τοσούτων τεκμηρίων ἐπιδεικνύμενος ὅτι συκοφαντεῖ, τοῖς μὲν αὑτοῦ μάρτυσιν ἀξιοῖ πιστεύειν ὑμᾶς, τοὺς δ᾽ ἐμοὺς διαβάλλει καί φησιν οὐ τἀληθῆ μαρτυρεῖν. βούλομαι δὴ καὶ ἐκ τῶν εἰκότων περὶ αὐτῶν εἰπεῖν. οἶδ᾽ οὖν ὅτι πάντες ἂν ὁμολογήσαιτε τοὺς τὰ ψευδῆ μαρτυροῦντας ἢ κέρδεσιν δι᾽ ἀπορίαν ἐπαιρομένους ἢ δι᾽ ἑταιρίαν ἢ καὶ δι᾽ ἔχθραν τῶν ἀντιδίκων ἐθέλειν ἄν τι τοιοῦτον ποιῆσαι.
[22] Such are the legal tests which he has refused, and so numerous the proofs by which he is shown to be acting with malice and insincerity; yet he demands that you put credence in his own witnesses, and he slanders mine, and declares that their testimony is false.
I wish now to speak of the matter on the basis of probabilities. I am certain that you would all agree that those who give false testimony are led to do so by bribes through stress of poverty, or by friendship, or else by enmity toward the opposite party in the suit.
[23] τούτων τοίνυν οὐδὲ δι᾽ ἓν ἂν εἶεν ἐμοὶ μεμαρτυρηκότες. οὔτε γὰρ ἑταιρίᾳ （πῶς γάρ; οἵ γε μήτ᾽ ἐν ταῖς αὐταῖς διατριβαῖς μήτε καθ᾽ ἡλικίαν, μὴ ὅτι ἐμοί τινες αὐτῶν, ἀλλ᾽ οὐδὲ σφίσιν αὐτοῖς εἰσίν）, οὔτ᾽ ἔχθρᾳ τούτου: φανερὸν γὰρ καὶ τοῦτ᾽ ἔστιν: ὁ μὲν γὰρ ἀδελφὸς καὶ σύνδικος, Φᾶνος δ᾽ ἐπιτήδειος καὶ φυλέτης, Φίλιππος δ᾽ οὔτε φίλος οὔτ᾽ ἐχθρός, ὥστ᾽ οὐδὲ ταύτην ἄν τις ἐπενέγκοι δικαίως τὴν αἰτίαν.
[23] Now no one of these reasons would have led the men to testify in my favor. Not friendship; how could that be, seeing that they are not engaged in the same pursuits, nor are they of like age, I will not say with me, but with one another? Not enmity against my adversary, that is plain; for one of them is his brother and pleads on his side; Phanus is a close friend and a member of the same tribe; and Philip is neither friend nor enemy, so that this motive, too, cannot be justly charged against them.
[24] καὶ μὴν οὐδὲ δι᾽ ἀπορίαν ἄν τις φήσειεν: πάντες γὰρ κέκτηνται τοσαύτην οὐσίαν ὥστε καὶ λῃτουργεῖν ὑμῖν προθύμως καὶ τὰ προσταττόμενα ποιεῖν. χωρὶς δὲ τούτων οὔτ᾽ ἀγνῶτες ὑμῖν οὔτ᾽ ἐπὶ τὰ χείρω γιγνωσκόμενοι, μέτριοι δ᾽ ὄντες ἄνθρωποι. καίτοι εἰ μήτ᾽ ἄποροι μήτ᾽ ἐχθροὶ τούτου μήτ᾽ ἐμοὶ φίλοι, πῶς χρὴ κατὰ τούτων λαβεῖν τιν᾽ ὑποψίαν ὡς τὰ ψευδῆ μαρτυροῦσιν; ἐγὼ μὲν γὰρ οὐκ οἶδα.
[24] Furthermore, no one could say that poverty was the ground, for they all possess means so ample that they willingly assume the expense of public services, and discharge whatever duties are laid upon them. Besides all this, they are well known to you, and you know nothing to their discredit; for they are worthy citizens. Yet, if they are not poor, nor enemies of the plaintiff, nor friends of mine, how can it be right to suspect them of bearing false witness? I certainly do not know.
[25] ταῦτα τοίνυν οὗτος εἰδώς, καὶ πάντων μάλιστ᾽ ἐπιστάμενος τἀληθ�
�� μεμαρτυρηκότας αὐτούς, ὅμως συκοφαντεῖ καί φησιν οὐ μόνον οὐκ εἰπεῖν ταῦτα, ἃ πῶς τις ἂν μᾶλλον ἐξελέγξειεν εἰρηκότα; ἀλλὰ καὶ δοῦλον εἶναι τὸν ἄνθρωπον τῷ ὄντι. βούλομαι δὲ διὰ βραχέων εἰπὼν πρὸς ὑμᾶς ἐξελέγξαι καὶ ταῦτ᾽ αὐτὸν ψευδόμενον. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, καὶ περὶ τούτων ἠθέλησα τούτῳ παραδοῦναι βασανίζειν τὰς θεραπαίνας, αἳ τελευτῶντος τοῦ πατρὸς μνημονεύουσιν ἀφεθέντα τοῦτον ἐλεύθερον εἶναι τότε.
[25] My opponent was aware of all this, and knew better than anybody else that their testimony was true, but nonetheless he brings forward a malicious charge against them, and not only declares that he did not make the statement which I have proved in the most conclusive manner that he did make, but even asserts that the man, Milyas, is in fact a slave. I wish in a very few words to prove that in this, too, he is lying. I was ready, men of the jury, regarding this point also to give over to him to be tested by torture my female slaves, who remember that my father on his death-bed set this man free.