by Demosthenes
[20] ἐπειδὴ δὲ ἐνδιέτριβεν καὶ οὐδὲν ἐποίει, διελεγόμην τουτῳὶ Ὀλυμπιοδώρῳ, καὶ ἠξίουν ἀπολαμβάνειν τὸ ἐμαυτοῦ μέρος τοῦ ἀργυρίου. οὑτοσὶ δὲ Ὀλυμπιόδωρος ἀεί τι προὐφασίζετο καὶ ἀναβολὰς ἐποιεῖτο. καὶ ἐν τούτῳ τῷ καιρῷ ἕτεροί τινες ἔλαχον τοῦ κλήρου τοῦ Κόμωνος, καὶ ὁ Κάλλιππος ἐπεδήμησεν ἐκ τῆς ἀποδημίας, ὁ ἐμὸς ἀδελφὸς ὁ ὁμοπάτριος: καὶ οὗτος ἔλαχεν εὐθὺς τοῦ ἡμικληρίου.
[20] but since he delayed, and did nothing, I had a talk with this man Olympiodorus, and demanded that I receive my share of the money. But Olympiodorus here kept finding one excuse after another, and putting me off. Moreover, at this very time some other people filed claims to the estate of Comon, and Callippus, my brother on my father’s side, returned from abroad; and he too filed a claim for half the estate.
[21] καὶ τουτῳὶ Ὀλυμπιοδώρῳ πρόφασις καὶ αὕτη ἐγένετο πρὸς τὸ μὴ ἀποδιδόναι μοι τὸ ἀργύριον, ἐπειδὴ πολλοὶ ἦσαν οἱ ἀμφισβητοῦντες, καὶ ἔφη χρῆναί με περιμεῖναι, ἕως ἂν οἱ ἀγῶνες γένωνται. καὶ ἐμοὶ ἀνάγκη ἦν ταῦτα συγχωρεῖν, καὶ συνεχώρησα.
[21] So Olympiodorus found in this another excuse for not paying me the money, since there were many who were laying claim to the estate; and he said that I must wait until the suits were settled. And I had to consent to this, and I did consent.
[22] μετὰ δὲ ταῦτα ἐβουλευόμεθα καὶ ἐγὼ καὶ οὑτοσὶ Ὀλυμπιόδωρος κοινῇ, ὥσπερ καὶ ὠμόσαμεν, ὅντινα τρόπον ἄριστα καὶ ἀσφαλέστατα προσοισόμεθα πρὸς τοὺς ἀμφισβητοῦντας. καὶ ἔδοξεν ἡμῖν, ὦ ἄνδρες δικασταί, τουτονὶ μὲν Ὀλυμπιόδωρον τοῦ κλήρου ὅλου ἀμφισβητεῖν, ἐμὲ δὲ τοῦ ἡμικληρίου, ἐπειδὴ καὶ Κάλλιππος ὁ ἀδελφὸς ὁ ἐμὸς τοῦ ἡμικληρίου μόνον ἠμφεσβήτει.
[22] After this the defendant Olympiodorus and I took counsel together, as we had sworn to do, to determine the best and safest way to deal with the other claimants. And we decided, men of the jury, that the defendant Olympiodorus should lay claim to the whole estate, and that,I should claim a half, seeing that my brother Callippus claimed a half only.
[23] καὶ ἐπειδὴ ἀνεκρίθησαν πρὸς τῷ ἄρχοντι ἅπασαι αἱ ἀμφισβητήσεις καὶ ἔδει ἀγωνίζεσθαι ἐν τῷ δικαστηρίῳ, ἀπαράσκευοι ἦμεν τὸ παράπαν πρὸς τὸ ἤδη ἀγωνίζεσθαι ἐγὼ καὶ Ὀλυμπιόδωρος οὑτοσὶ διὰ τὸ ἐξαίφνης ἐπιπεπτωκέναι ἡμῖν πολλοὺς τοὺς ἀμφισβητοῦντας: ἐκ δὲ τῶν ὑπαρχόντων ἐσκοποῦμεν κοινῇ, εἴ πως ἀναβολή τις γένοιτο ἐν τῷ παρόντι, ὥστε παρασκευάσασθαι ἡμᾶς καθ᾽ ἡσυχίαν πρὸς τὸν ἀγῶνα.
[23] When all the claims had been heard before the archon, and the cases were due to be tried in court, the defendant Olympiodorus and I were wholly unprepared for an immediate trial because those who had suddenly appeared as claimants were so many. However, in view of the situation that had developed, we looked into things jointly to see if in any way a postponement could be brought about for the present, so that we might get ourselves ready for the trial at our leisure.
[24] καὶ κατὰ τύχην τινὰ καὶ δαίμονα ὑμεῖς ἐπείσθητε ὑπὸ τῶν ῥητόρων εἰς Ἀκαρνανίαν στρατιώτας ἐκπέμπειν, καὶ ἔδει καὶ τουτονὶ Ὀλυμπιόδωρον στρατεύεσθαι, καὶ ᾤχετο μετὰ τῶν ἄλλων στρατευόμενος. καὶ συνεβεβήκει, ὡς ᾠόμεθα ἡμεῖς, αὕτη καλλίστη ἀναβολή, δημοσίᾳ τούτου ἀποδημοῦντος στρατευομένου.
[24] And it happened by a piece of good luck that you were persuaded by the politicians to despatch troops into Acarnania, and the defendant Olympiodorus was among those called to service, and he departed with the others on the expedition. Thus had come about, as we thought, an excellent ground for postponement, the defendant being abroad on military service.
[25] ἐπειδὴ δὲ ἐκάλει ὁ ἄρχων εἰς τὸ δικαστήριον ἅπαντας τοὺς ἀμφισβητοῦντας κατὰ τὸν νόμον, ὑπωμοσάμεθα ἡμεῖς τουτονὶ Ὀλυμπιόδωρον δημοσίᾳ ἀπεῖναι στρατευόμενον. ὑπομοθέντος δὲ τούτου ἀνθυπωμόσαντο οἱ ἀντίδικοι, καὶ διαβάλλοντες Ὀλυμπιόδωρον τουτονί, ὕστεροι ἡμῶν λέγοντες, ἔπεισαν τοὺς δικαστὰς ψηφίσασθαι τῆς δίκης ἕνεκα ἀπεῖναι τουτονὶ καὶ οὐ δημοσίᾳ.
[25] So, when the archon summoned into court all those who were filing claims according to law, I entered a sworn statement, asking postponement on the ground that the defendant Olympiodorus was abroad on military service, but to this sworn statement our adversaries opposed another, attacking Olympiodorus; and as they had the last word, they induced the jurors to decide that the defendant was absent on account of the trial and not on public service.
[26] ψηφισαμένων δὲ ταῦτα τῶν δικαστῶν διέγραψεν ὁ ἄρχων Πυθόδοτος κατὰ τὸν νόμον τὴν τουτουὶ Ὀλυμπιοδώρου ἀμφισβήτησιν. διαγραφείσης δὲ ταύτης, ἐξ ἀνάγκης καὶ ἐμοὶ ἦν ἐκλιπεῖν τὴν τοῦ ἡμικληρίου ἀμφισβήτησιν. γενομένων δὲ τούτων ἐπεδίκασεν ὁ ἄρχων τοῖς ἀντιδίκοις τοῖς ἡμετέροις τὸν κλῆρον τὸν Κόμωνος: ταῦτα γὰρ οἱ νόμοι αὐτὸν ἠνάγκαζον ποιεῖν.
[26] When the jurors had thus decided, the archon Pythodotus in accordance with the law struck out the claim of the defendant; and when this claim was stricken out I necessarily had to abandon my claim to half the estate. After these steps had been taken, the archon adjudged the estate of Comon to our opponents; for the laws compelled him to do so.
[27] ἐπειδὴ δὲ ἐπεδικάσαντο, εὐθὺς εἰς Πειραιᾶ ἐλθόντες παρελάμβανον πάντα ὅσα ἡμῶν εἶχεν ἑκάτερος νειμάμενος ἐν τῇ μερίδι. κἀγὼ μὲν ἐπιδημῶν αὐτὸς παρέδωκα （ἀνάγκη γὰρ ἦν πείθεσθαι τοῖς νόμοις）, τὰ δὲ Ὀλυμπιοδώρου, ἀποδημοῦντος τούτου, ἅπαντα ᾤχοντο λαβόντες, πλὴν τοῦ ἀργυρίου οὗ εἶχεν αὐτὸς παρὰ τοῦ ἀνθρώπου τοῦ οἰκέτου, ὃν ἐβασάνισεν: οὐ γὰρ εἶχον ὅπου ἐπιλάβοιντο τοῦ ἀργυρίου.
[27] They, as soon as they had won the adjudication, went at once to the Peiraeus and proceeded to take over all that either of us had received from the division. I, being at home, voluntarily gave over to them what I had （for it was necessary to obey the laws）, but since Olympiodorus was abroad, they carried off all his effects except the money which he had separately taken from the man — the slave whom he had put to the torture; for they had no means of getting hold of that money.
[28] καὶ τὰ μὲν πραχθέντα ταῦτ᾽ ἦν ἐν τῇ ἀποδημίᾳ τῇ Ὀλυμπιοδώρου, καὶ τῆς κ�
�ινωνίας τῆς πρὸς τοῦτον ταῦτα ἐγὼ ἀπέλαυσα. ἐπειδὴ δὲ ἐπεδήμησεν οὗτος καὶ οἱ ἄλλοι στρατιῶται, ἠγανάκτει Ὀλυμπιόδωρος οὑτοσί, ὦ ἄνδρες δικασταί, ἐπὶ τοῖς συμβεβηκόσι, καὶ ἡγεῖτο δεινὰ πεπονθέναι. ἐπειδὴ δὲ μεστὸς ἐγένετο ἀγανακτῶν, ἐσκοποῦμεν πάλιν καὶ ἐβουλευόμεθα κοινῇ ἐγὼ καὶ Ὀλυμπιόδωρος οὑτοσί, ὅντινα τρόπον τούτων τι πάλιν κομιούμεθα.
[28] Such were the events which happened in the absence of Olympiodorus, and such the benefit I derived from my association with him. But when he returned with the rest of the troops, the defendant Olympiodorus was indignant, men of the jury, at what had occurred, and thought he had been outrageously treated. However, when he was at the height of his indignation, we again looked matters over, the defendant Olympiodorus and I, and took counsel together to see how we could get back something of what we had lost.
[29] καὶ ἐδόκει ἡμῖν βουλευομένοις προσκαλεῖσθαι τοὺς ἐπιδεδικασμένους κατὰ τὸν νόμον, καὶ ἐκ τῶν ὑπαρχόντων ἀσφαλέστατον εἶναι μὴ ἐν τῷ αὐτῷ ἡμᾶς ἀμφοτέρους τὸν κίνδυνον ποιεῖσθαι πρὸς τοὺς ἀμφισβητοῦντας, ἀλλὰ χωρὶς ἑκάτερον, καὶ τουτονὶ μὲν Ὀλυμπιόδωρον ὅλου τοῦ κλήρου λαχεῖν, ὥσπερ τὸ πρότερον, καὶ ἀγωνίζεσθαι καθ᾽ αὑτόν, ἐμὲ δὲ τοῦ ἡμικληρίου, ἐπειδὴ καὶ Κάλλιππος ὁ ἀδελφὸς ὁ ἐμὸς τοῦ ἡμικληρίου μόνον ἠμφεσβήτει,
[29] And as a result of our consultation we decided to summon into court in due legal form those who had had the property adjudged to them; and in the circumstances it seemed to be the safest course not to risk a joint suit against the other claimants, but for each to act separately; and for the defendant Olympiodorus to enter suit for the whole estate as he had done before, and conduct his case by himself, and for me to enter suit for a half, since my brother Callippus claimed the half only;
[30] ὅπως, ἐὰν μὲν Ὀλυμπιόδωρος οὑτοσὶ ἐπιτύχῃ τοῦ ἀγῶνος, ἐγὼ κατὰ τὰς συνθήκας καὶ τοὺς ὅρκους πάλιν τὸ μέρος λάβοιμι παρὰ τούτου, ἐὰν δ᾽ ἄρα ἀποτύχῃ καὶ τὰ ἕτερα ψηφίσωνται οἱ δικασταί, οὗτος παρ᾽ ἐμοῦ τὰ μέρη καλῶς καὶ δικαίως ἀπολαμβάνοι, ὥσπερ ὠμόσαμεν ἀλλήλοις καὶ συνεθέμεθα. ἐπειδὴ δὲ ταῦτ᾽ ἐβουλευσάμεθα καὶ ἐδόκει ἀσφαλέστατ᾽ εἶναι καὶ ἐμοὶ καὶ Ὀλυμπιοδώρῳ, προσεκλήθησαν ἅπαντες οἱ ἔχοντες τὰ τοῦ Κόμωνος κατὰ τὸν νόμον. καί μοι ἀνάγνωθι τὸν νόμον, καθ᾽ ὃν ἡ πρόσκλησις ἐγένετο.”Νόμος”
[30] so that, if Olympiodorus should win his case, I, in accordance with our agreement and our oaths, might recover my share from him, while, if he should lose it and the jurors give an adverse verdict, he might fairly and honestly recover his share from me in accordance with our oaths and the agreement made between us. After we had reached this conclusion, and it seemed safest both for Olympiodorus and for me, all those who were in possession of the estate of Comon were summoned according to law.
Read, please, the law in accordance with which the summons was given.” Law”
[31] κατὰ τὸν νόμον τοῦτον, ὦ ἄνδρες δικασταί, ἡ πρόσκλησις ἐγένετο, καὶ τὰς ἀμφισβητήσεις ἀντεγραψάμεθα, ὃν τρόπον τουτῳὶ ἐδόκει Ὀλυμπιοδώρῳ. καὶ μετὰ ταῦτα ὁ ἄρχων ἀνέκρινε πᾶσιν ἡμῖν τοῖς ἀμφισβητοῦσιν, καὶ ἀνακρίνας εἰσήγαγεν εἰς τὸ δικαστήριον. καὶ οὑτοσὶ Ὀλυμπιόδωρος ἠγωνίζετο πρῶτος, καὶ ἔλεγεν ὅ τι ἐβούλετο, καὶ μαρτυρίας παρείχετο ἃς ἐδόκει τούτῳ: κἀγώ, ὦ ἄνδρες δικασταί, σιωπῇ ἐκαθήμην ἐπὶ τοῦ ἑτέρου βήματος. τοῦτον δὲ τὸν τρόπον κατασκευασθέντος τοῦ ἀγῶνος ἐνίκησεν ῥᾳδίως.
[31] It was in accordance with this law, men of the jury, that the summons was given, and that we filed our counter-claims in the manner approved by Olympiodorus. After this the archon conducted the preliminary examination for all claimants, and when he had concluded this he brought the case into court. The defendant Olympiodorus was the first to plead, and he said whatever he pleased and offered whatever testimony he saw fit, while I, men of the jury, sat in silence on the opposite platform. Since the trial had been fixed in this way, Olympiodorus easily won his case;
[32] νικήσας δὲ καὶ διαπραξαμένων ἅπαντα ὅσα ἐβουλήθημεν ἐν τῷ δικαστηρίῳ, καὶ ἀπολαβὼν παρὰ τῶν πρότερον ἐπιδικασαμένων ὅσα ἦσαν ἐκεῖνοι παρ᾽ ἡμῶν εἰληφότες, ταῦτα δὴ πάντα ἔχων καὶ τὸ ἀργύριον ὃ ἔλαβεν παρὰ τοῦ ἀνθρώπου τοῦ βασανισθέντος, οὐδ᾽ ὁτιοῦν ἠθέληκεν τῶν δικαίων πρός με ποιῆσαι, ἀλλ᾽ ἔχει αὐτὸς ἅπαντα, ὀμωμοκὼς καὶ συνθήκας πρός με ποιησάμενος ἦ μὴν ἰσομοιρήσειν. καὶ αἱ συνθῆκαι αὗται ἔτι καὶ νῦν κεῖνται παρὰ τῷ Ἀνδροκλείδῃ, καὶ μεμαρτύρηκεν αὐτὸς πρὸς ὑμᾶς.
[32] but when he had got the verdict and we had accomplished in the court-room all that we wished, when he had recovered from those who had previously won the adjudication all that they had taken from us, — although he has all this now in his possession as well as the money which he got from the slave who was put to the torture, he has refused to do anything whatever that is fair toward me, but keeps everything himself, even though he has given his oath and made an agreement with me that in very truth we should take equal shares. These articles of agreement are still up to this day in the custody of Androcleides, who has himself given testimony before you.
[33] βούλομαι δὲ καὶ περὶ τῶν ἄλλων ἁπάντων ὧν εἴρηκα μαρτυρίας ὑμῖν παρασχέσθαι, πρώτιστον μὲν τὸ ἐξ ἀρχῆς ὅτι ἐγὼ καὶ οὗτος ἡμῖν αὐτοῖς δικάσαντες ἐνειμάμεθα τὸ ἴσον ἑκάτερος τῆς φανερᾶς οὐσίας ἧς Κόμων κατέλιπεν. καί μοι λαβὲ ταύτην τὴν μαρτυρίαν πρῶτον, ἔπειτα τὰς ἄλλας ἁπάσας ἀναγίγνωσκε.”Μαρτυρία”
[33] I wish, however, to bring before you depositions proving all the other statements I have made, but first of all, to prove that at the outset the defendant and I, having settled our differences by ourselves, took each an equal share of all the property left by Comon of which we had knowledge.
Take, please, this deposition first, and then read all the rest.” Deposition”
[34] λαβὲ δή μοι καὶ τὴν πρόκλησιν, ἣν προὐκαλεσάμην αὐτὸν περὶ τοῦ ἀργυρίου οὗ ἔλαβεν παρὰ τοῦ ἀνθρώπου τοῦ βασανισθέντος.”Πρόκλησις”
ἀναγίγνωσκε δὲ καὶ τὴν ἑτέραν μαρτυρίαν, ὅτι, ἐπειδὴ ἐπεδικάσαντο οἱ ἀντίδικοι ἡμῶν, ἅπαντα παρέλαβον ὅσα ἡμεῖς εἴχομεν, πλὴν τῶν �
�ρημάτων ὧν εἶχεν Ὀλυμπιόδωρος παρὰ τοῦ βασανισθέντος ἀνθρώπου.”Μαρτυρία”
[34] Now, please take the challenge which I tendered him regarding the money which he got from the slave who was put to the torture.” Challenge”
Read now the other deposition, too, proving that, when our opponents had received the adjudication, they took from us all that we had except the money which Olympiodorus got from the man who was put to the torture.” Deposition”
[35] ὃν μὲν τρόπον, ὦ ἄνδρες δικασταί, ἐξ ἀρχῆς διενειμάμεθα τὴν Κόμωνος οὐσίαν τὴν φανερὰν ἐγὼ καὶ Ὀλυμπιόδωρος, καὶ λόγῳ ἀκηκόατε καὶ μεμαρτύρηται ὑμῖν, καὶ ὡς οὗτος τὸ ἀργύριον ἔλαβεν παρὰ τοῦ ἀνθρώπου τοῦ οἰκέτου, καὶ ὅτι οἱ ἐπιδικασάμενοι ἔλαβον ὅσα ἡμεῖς εἴχομεν, ἕως οὑτοσὶ πάλιν ἐνίκησεν ἐν τῷ δικαστηρίῳ.
[35] In what way, men of the jury, Olympiodorus and I originally divided between us the visible estate of Comon, you have both heard from my statement, and it has been proved to you by witnesses; and you have also learned that the defendant got the sum of money from the slave, and that those who had previously won the adjudication took all that was in our possession, until Olympiodorus won a verdict in the second trial.