by Demosthenes
[36] ἃ δὲ λέγων οὐκ ἀποδίδωσίν μοι οὐδ᾽ ἐθέλει τῶν δικαίων οὐδ᾽ ὁτιοῦν ποιεῖν, τούτοις ἤδη προσέχετε τὸν νοῦν, ὦ ἄνδρες δικασταί, ἵνα μὴ αὐτίκα ἐξαπατήσωσιν ὑμᾶς οἱ ῥήτορες, οὓς οὑτοσὶ παρεσκεύασται ἐπ᾽ ἐμέ. λέγει μὲν οὗτος οὐδέποτε ταὐτά, ἀλλ᾽ ὅ τι ἂν τύχῃ ἀεί, καὶ περιιὼν προφάσεις ἀτόπους τινὰς καὶ ὑπονοίας καὶ αἰτίας ψευδεῖς ἐπιφέρει, καὶ περὶ τὸ πρᾶγμα ὅλον ἄδικός ἐστιν ἄνθρωπος.
[36] Now hear the reason which he gives for not paying me what is due, and for refusing to do anything whatever that is fair; and to this, men of the jury, I bid you give close heed, in order that you may not be misled presently by the orators whom he has engaged against me.
This defendant never says the same thing, but one thing now and another then, just as it happens. He goes about bringing forward absurd excuses, baseless insinuations, and false charges, and acts in the whole business as a man of bad faith.
[37] πλεῖστοι δὲ αὐτοῦ ἀκηκόασιν λέγοντος, οἱ μὲν ὅτι τὸ παράπαν οὐκ ἔλαβε τὸ ἀργύριον παρὰ τοῦ ἀνθρώπου: ἐπειδὰν δὲ τοῦτο ἐξελέγχηται, πάλιν λέγει ὅτι παρὰ τοῦ αὑτοῦ ἀνθρώπου ἔχει τὸ ἀργύριον, καὶ οὐ μεταδώσει ἐμοὶ οὔτε τοῦ ἀργυρίου οὔτε τῶν ἄλλων οὐδενὸς ὧν κατέλιπε Κόμων.
[37] Hosts of people have heard him say, sometimes that he never got the money from the slave at all; but again, when the contrary has been proved, he says that he got the money from his own slave, and that he will give me no share of this money or of anything else of the estate which Comon left.
[38] ἐπειδὰν δέ τις αὐτὸν τῶν ἐπιτηδείων τῶν τούτου καὶ τῶν ἐμῶν ἐρωτᾷ, διὰ τί οὐκ ἀποδώσει ὀμωμοκὼς ἰσομοιρήσειν καὶ τῶν συνθηκῶν ἔτι νυνὶ κειμένων, φησί με παραβεβηκέναι τὰς συνθήκας, καὶ δεινὰ πεπονθέναι ὑπ᾽ ἐμοῦ, καὶ διατελέσαι μέ φησιν ὑπεναντία καὶ λέγοντα καὶ πράττοντα ἑαυτῷ. καὶ ἃ μὲν προφασίζεται, ταῦτ᾽ ἔστιν.
[38] And when anyone of our common friends asks him why he refuses to pay me, when he has sworn to share everything equally and when the articles of agreement are still in custody, he asserts that I have broken the agreement and have treated him outrageously, and he states that I have all along been speaking and acting in opposition to him. These are the excuses he offers.
[39] ἃ μὲν οὖν, ὦ ἄνδρες δικασταί, οὗτος λέγει, ὑπόνοιαι πλασταί εἰσιν καὶ προφάσεις ἄδικοι καὶ πονηρίαι ἐπὶ τῷ ἀποστερῆσαι ἃ προσήκει αὐτὸν ἀποδοῦναι ἐμοί. ἃ δὲ ἐγὼ ἐρῶ πρὸς ὑμᾶς, ὅτι οὗτος ψεύδεται, ταῦτα δὲ ὑπόνοια οὐδεμία ἔσται, φανερῶς δὲ ἐπιδείξω τὴν τούτου ἀναισχυντίαν, τεκμήρια λέγων ἀληθινὰ καὶ πᾶσι γνώριμα, καὶ μάρτυρας παρεχόμενος περὶ ἁπάντων.
[39] The statements which the fellow makes, men of the jury, are insinuations which he has himself made up, false excuses, and bits of trickery, got up with a view to defrauding me of what he ought to pay me. But what I shall say to you to prove that he is lying will be no mere insinuation on the contrary I shall prove in glaring fashion his shamelessness, advancing proofs that are trustworthy and known to everybody, and bringing forward witnesses regarding every point.
[40] πρῶτον μὲν οὖν, ὦ ἄνδρες δικασταί, λέγω ὅτι οὗτος διὰ τοῦτο τοῖς οἰκείοις καὶ τοῖς ἐπιτηδείοις τοῖς ἑαυτοῦ καὶ τοῖς ἐμοῖς, τοῖς εἰδόσιν ἀκριβῶς ἅπαντα ταῦτα τὰ πράγματα ὡς ἔχει καὶ παρηκολουθηκόσιν ἐξ ἀρχῆς, οὐκ ἠθέλησεν ἐπιτρέψαι: ἀκριβῶς γὰρ ᾔδει ὅτι εὐθὺς παραχρῆμα ὑπ᾽ αὐτῶν ἐξελεγχθήσεται, ἐάν τι ψεύδηται: νυνὶ δ᾽ ἴσως ἡγεῖται ψευδόμενος ἐν ὑμῖν λήσειν.
[40] In the first place, men of the jury, I say that the defendant refused to refer our differences to our common friends and relatives who had full knowledge of all the circumstances of the case, and had followed them from the beginning; for this reason, that he had full knowledge that if he made use of any falsehoods, he would be refuted by them on the spot, whereas he thinks that now he may perhaps lie before you without being detected.
[41] πάλιν λέγω ὅτι οὐκ ἀκόλουθόν ἐστιν ὑπεναντία μὲν πράττειν σοι, ὦ Ὀλυμπιόδωρε, ἐμέ, κοινῇ δὲ ἀναλίσκειν μετὰ σοῦ εἰς ὅ τι ἀεὶ δέοι, οὐδὲ ἐκλιπεῖν τὴν ἀμφισβήτησιν αὐτὸν ἑκόντα, ὅτε ἀπεδήμεις σύ, ἐπειδὴ καὶ ἡ σὴ διεγράφη δόξαντός σου ἕνεκα τῆς δίκης ἀπεῖναι καὶ οὐ δημοσίᾳ. ἐξῆν γὰρ ἔμοιγε τοῦ ἡμικληρίου ἐπιδικάσασθαι ἐμαυτῷ: οὐδεὶς γάρ μοι ἀνθρώπων ἀντέλεγεν, ἀλλὰ συνεχώρουν αὐτοὶ οἱ ἀντίδικοι.
[41] Again I say, it is not consistent, Olympiodorus, that I should act in opposition to you, and yet should join with you in expending whatever from time to time became necessary, or that I should myself voluntarily abandon my claim, when you were abroad and your claim was stricken off because it was thought that you were absent on account of the trial and not on public service. For it was open to me to press my own claim for one-half the estate; no human being opposed my claim, but my opponents themselves allowed it.
[42] ἀλλὰ ταῦτα ποιήσας εὐθὺς ἂν ἦν ἐπιωρκηκώς: ὤμοσα γὰρ καὶ συνεθέμην πρὸς σὲ κοινῇ πράξειν ἅπαντα, ὅ τι ἂν δοκῇ ἐμοὶ καὶ σοὶ βουλευομένοις βέλτιστον εἶναι. ὥστε ὑπεραβέλτεροί εἰσιν αἱ προφάσεις καὶ αἰτίαι, δι᾽ ἃς οὐδέν μοι φὴς ποιήσειν τῶν δικαίων.
[42] However, had I done this, I should by that very act have perjured myself, for I had sworn and contracted with you to do in concert with you whatever should seem to us on consultation to be best. Therefore the pretexts and charges on which you base your refusal to act fairly toward me are absolutely silly.
[43] ἔτι πρὸς τούτοις ἡγεῖ ἄν μ᾽ ἐπιτρέπειν σοι, Ὀλυμπιόδωρε, ἐν τῷ τελευταίῳ ἀγῶνι τῷ περὶ τοῦ κλήρου, ἢ ἃ ἔλεγες πρὸς τοὺς δικαστάς, εἰκῇ οὑτωσὶ λέγειν, ἢ περὶ ὧν τὰς μαρτυρίας παρέσχου, οὕτως ἂν παρασχέσθαι, εἰ μὴ μετὰ σοῦ κοινῇ συνηγωνιζόμην;
[43] And furthermore — do you suppose, Olympiodorus, that in the last trial for the estate I should have permitted you either to utter so recklessly the statements which you made to the jury, or to bring forward witnesses as you did regarding the points you wished to prove, if I had not been acting in concert with you in the trial?
[44] οὗτος γάρ, ὦ ἄνδρες δικασταί, τά τε ἄλλα ἔλεγεν ὅ τι ἐβούλετο ἐν τῷ δικαστηρίῳ, καὶ κατεχρήσατο πρὸς τοὺς δικαστὰς ὅτι ἐγὼ τὴν οἰκίαν, ἣν ἔλαβον ἐ�
� τῇ μερίδι τῇ ἐμαυτοῦ, μεμισθωμένος εἴην παρ᾽ αὐτοῦ, καὶ τὸ ἀργύριον ὃ ἔλαβον, τὸ ἥμισυ τὸ ἀπὸ τῶν χιλίων δραχμῶν τῶν παρὰ τοῦ οἰκέτου, ὅτι ἐδανεισάμην παρὰ τούτου. καὶ οὐ μόνον ἔλεγεν ταῦτα, ἀλλὰ καὶ μαρτυρίας παρείχετο περὶ τούτων. κἀγὼ οὐδ᾽ ὁτιοῦν ἀντέλεγον τούτοις, οὐδ᾽ ἤκουσέ μου φωνὴν οὐδεὶς ἀνθρώπων, ὅτε οὗτος ἠγωνίζετο, οὔτε μικρὰν οὔτε μεγάλην, ἀλλὰ προσωμολόγουν ἀληθῆ εἶναι πάντα ὅσα οὗτος ἐβούλετο λέγειν. κοινῇ γὰρ ἠγωνιζόμην μετὰ σοῦ, ὥσπερ ἔδοξεν ἐμοὶ καὶ σοί.
[44] For the fellow, men of the jury, said everything else that he pleased in the court-room, and emphatically stated to the jurymen that I had rented from him the house which I received as part of my share, and that I had borrowed of him the money which I received — the half, that is, of the thousand drachmae recovered from the slave. And he not only made these statements, but he produced depositions to support them. And I said nothing whatever against all this, nor did any human being hear a syllable aloud or muttered from me while he was supporting his claim, but I admitted the truth of everything he chose to say. For I was cooperating with you, Olympiodorus, according to our agreement.
[45] ἐπεὶ εἰ μή ἐστιν ταῦτα ἀληθῆ ἃ λέγω, διὰ τί οὐκ ἐπεσκηψάμην ἐγὼ τότε τοῖς μάρτυσιν τοῖς ταῦτα μαρτυροῦσιν, ἀλλ᾽ ἡσυχίαν εἶχον πολλήν; ἢ διὰ τί σύ, Ὀλυμπιόδωρε, οὐδεπώποτέ μοι ἔλαχες ἐνοικίου δίκην τῆς οἰκίας ἧς ἔφασκες μισθῶσαί μοι ὡς σαυτοῦ οὖσαν, οὐδὲ τοῦ ἀργυρίου οὗ ἔλεγες πρὸς τοὺς δικαστὰς ὅτι ἐδάνεισάς μοι, τούτων οὐδὲν ἐποίησας; ὥστε πῶς ἂν μᾶλλον ἄνθρωπος ἐξελέγχοιτο ψευδόμενος καὶ ὑπεναντία λέγων αὐτὸς αὑτῷ καὶ αἰτιώμενος τὰ οὐδεπώποτε γενόμενα;
[45] If what I am saying is not true, why did I not proceed against the witnesses who gave this evidence instead of keeping absolute silence? Or why did you, Olympiodorus, never sue me for the rent of the house which you alleged was your own and had been rented by you to me; or for the money which you told the jurymen you had lent me? Why, I say, did you do neither of these things? How, then, could any man be more clearly convicted than you have been of lying, of making contradictory statements, and of preferring charges that lack all foundation?
[46] ὃ δὲ πάντων μέγιστόν ἐστιν, ὦ ἄνδρες δικασταί, ᾧ καὶ γνώσεσθε τουτονὶ ὅτι ἄδικός ἐστιν καὶ πλεονέκτης ἄνθρωπος: ἐχρῆν γὰρ αὐτόν, εἴ τι ἀληθὲς ἦν ὧν λέγει, πρότερον ταῦτα λέγειν καὶ ἐπιδεικνύειν, πρὶν τὸν ἀγῶνα γενέσθαι καὶ διαπειραθῆναι τῶν δικαστῶν ὅ τι γνώσονται, καὶ παραλαβόντα πολλοὺς μάρτυρας ἀξιοῦν ἀναιρεῖσθαι τὰς συνθήκας παρὰ τοῦ Ἀνδροκλείδου ὡς παραβαίνοντος ἐμοῦ καὶ τἀναντία πράττοντος ἑαυτῷ καὶ οὐκέτι κυρίων οὐσῶν τῶν συνθηκῶν ἐμοὶ καὶ τούτῳ, καὶ τῷ Ἀνδροκλείδῃ τῷ ἔχοντι τὰς συνθήκας διαμαρτύρασθαι, ὅτι αὐτῷ οὐδέν ἐστιν ἔτι πρᾶγμα πρὸς τὰς συνθήκας ταύτας.
[46] But here is the strongest proof of all, which will convince you, men of the jury, of his bad faith and covetousness. If there were any truth in what he says, he should have stated it and proved it before the trial came on, and before he tested the jury as to how it would decide; and he should have taken a number of witnesses and demanded that the articles of agreement be taken from the custody of Androcleides on the ground that I was violating them, and acting against his interests, and that the articles were no longer in force between him and me; also he should have protested to Androcleides, who had the articles in his possession, that he had no longer anything to do with these articles.
[47] ταῦτα ἐχρῆν αὐτόν, ὦ ἄνδρες δικασταί, εἴπερ τι ἦν ἀληθὲς ὧν λέγει, καὶ μόνον προσιόντα τῷ Ἀνδροκλείδῃ διαμαρτύρεσθαι καὶ μετὰ μαρτύρων πολλῶν, ἵν᾽ αὐτῷ πολλοὶ ἦσαν οἱ συνειδότες. ὅτι δὲ τούτων οὐδὲν πώποτε ἐποίησεν, αὐτοῦ ὑμῖν τοῦ Ἀνδροκλείδου, παρ᾽ ᾧ εἰσιν αἱ συνθῆκαι κείμεναι μαρτυρίαν ἀναγνώσεται. λέγε τὴν μαρτυρίαν.”Μαρτυρία”
[47] This is what he should have done, men of the jury, if there were any truth in what he says; he should have gone by himself to Androcleides, and made this protest, and gone also with many witnesses, in order that he might have many persons who were aware of the fact.
But to prove that he never took any of these steps, the clerk shall read you the deposition of Androcleides himself with whom the articles of agreement are deposited.
Read the deposition.” Deposition”
[48] ἕτερον δ᾽, ὦ ἄνδρες δικασταί, σκέψασθε ὃ διαπέπρακται. ἐγὼ γὰρ τοῦτον προὐκαλεσάμην καὶ ἠξίωσα ἀκολουθῆσαι ὡς Ἀνδροκλείδην, παρ᾽ ᾧ κεῖνται αἱ συνθῆκαι, καὶ κοινῇ ἐκγραψαμένους ἡμᾶς τὰς συνθήκας πάλιν σημήνασθαι, τὰ δὲ ἀντίγραφα ἐμβαλέσθαι εἰς τὸν ἐχῖνον, ὅπως ἂν μηδεμία ὑποψία ᾖ, ἀλλ᾽ ὑμεῖς ἅπαντα καλῶς καὶ δικαίως ἀκούσαντες γνῶτε ὅ τι ἂν ὑμῖν δικαιότατον δοκῇ εἶναι.
[48] Now, men of the jury, you must consider another thing which he has done. I tendered him a challenge, and demanded that he go with me to Androcleides, with whom the articles are deposited, and that we should jointly make copies of the agreement and seal it up again, but that we should put the copies in the evidence-box, in order that there might be no ground for suspicion, but that you might hear everything plainly and fairly, and then vote as should seem to you most just.
[49] ταῦτα ἐμοῦ προκαλουμένου οὐκ ἠθέλησεν τούτων οὐδὲν ποιῆσαι, ἀλλ᾽ οὕτω πεφιλοσόφηκεν ὥστε μὴ εἶναι ὑμᾶς ἀκοῦσαι τῶν συνθηκῶν ἐκ τῶν κοινῶν γραμμάτων. καὶ ὅτι ταῦτα προὐκαλούμην, τούτων ὑμῖν μαρτυρίαν ἀναγνώσεται ὧν ἐναντίον προὐκαλούμην. λέγε τὴν μαρτυρίαν.”Μαρτυρία”
[49] I tendered him this challenge, but he refused to do anything of the sort; no, he has tried thus artfully to prevent your hearing the agreement from copies jointly made.
To prove that I tendered him this challenge, the clerk shall read you the deposition of the persons in whose presence I tendered it. Read the deposition.” Deposition”
[50] πῶς ἂν οὖν μᾶλλον καταφανὴς γένοιτο ἄνθρωπος, ὅτι δικαίως μὲν οὐδὲν βούλεται πρός με πράττειν, ἀποστερήσειν δ᾽ οἴεται ἃ προσήκει ἐμοὶ λαβεῖν, προφάσεις λέγων καὶ ἐγκλήματα ἐγκαλῶν, τὰς δὲ συνθήκας, ἅς φησί με παραβεβηκέναι, οὐκ ᾠήθη δεῖν ὑμᾶς ἀκοῦσαι; ἐγὼ δὲ τότε μὲν ἐναντίον τῶν
μαρτύρων τῶν παραγενομένων προὐκαλεσάμην, νυνὶ δὲ καὶ ὑμῶν ἐναντίον τῶν δικαστῶν πάλιν προκαλοῦμαι, καὶ ἀξιῶ συγχωρεῖν αὐτὸν καὶ ἐγὼ συγχωρῶ ἀνοιχθῆναι τὰς συνθήκας ἐνταυθὶ ἐπὶ τοῦ δικαστηρίου, καὶ ἀκοῦσαι ὑμᾶς, καὶ πάλιν σημανθῆναι ἐναντίον ὑμῶν.
[50] How, then, could it be made more plain that the fellow is unwilling to act justly toward me in any way, that he thinks to rob me of what I ought to receive by advancing excuses and preferring charges, and that he determined that you should not hear the agreement which he asserts I have broken? But I challenged him then before the witnesses who were present, and I challenge him again now before you jurymen, and I demand that he consent, and I myself do consent, to have the articles of agreement opened here in the court-room, to let you hear them, and to have them sealed up again in your presence.
[51] Ἀνδροκλείδης δὲ οὑτοσὶ πάρεστιν. ἐγὼ γὰρ αὐτῷ ἐπήγγειλα ἥκειν ἔχοντι τὰς συνθήκας. καὶ συγχωρῶ, ὦ ἄνδρες δικασταί, ἐν τῷ τούτου λόγῳ ἢ ἐν τῷ προτέρῳ ἢ ἐν τῷ ὑστέρῳ ἀνοιχθῆναι: οὐδὲν γάρ μοι διαφέρει. ὑμᾶς δὲ βούλομαι ἀκοῦσαι τὰς συνθήκας καὶ τοὺς ὅρκους, οὓς ὠμόσαμεν ἀλλήλοις ἐγὼ καὶ Ὀλυμπιόδωρος οὑτοσί. καὶ εἰ μὲν συγχωρεῖ, ἔστω ταῦτα, καὶ ὑμεῖς ἀκούετε, ἐπειδὰν τούτῳ δοκῇ: ἐὰν δὲ μὴ ‘θέλῃ ταῦτα ποιεῖν, οὐκ ἤδη καταφανὴς ἔσται, ὦ ἄνδρες δικασταί, ὅτι ἀναισχυντότατός ἐστιν ἀνθρώπων ἁπάντων, καὶ δικαίως οὐδ᾽ ἂν ὁτιοῦν ἀποδέχοισθε τούτου ὡς ὑγιές τι λέγοντος;