by Demosthenes
[51] Androcleides is present here; for I gave him notice to come and bring the articles of agreement. I consent, men of the jury, that they be opened during the defendant’s speech, in either his first or his second, it makes no difference to me. But I wish you to hear the agreement and the oaths which Olympiodorus the defendant and I swore to one another. If he consents, let this be done, and do you hear for yourselves the articles when he shall see fit; and if he refuses to take this course, will it not be plain without further proof, men of the jury, that he is the most shameless of humankind, and that you may rightly refuse to accept as true anything whatever that he says?
[52] ἀλλὰ τί ταῦτα σπουδάζω; οὐδὲ γὰρ αὐτὸς ἀγνοεῖ ταῦτα οὗτος, ὅτι ἀδικεῖ μὲν ἐμέ, ἀδικεῖ δὲ τοὺς θεοὺς οὓς ὤμοσεν, καὶ ἐπιορκεῖ. ἀλλὰ διέφθαρται, ὦ ἄνδρες δικασταί, καὶ παραφρονεῖ. ἀνιῶμαι μὲν οὖν καὶ αἰσχύνομαι, ὦ ἄνδρες δικασταί, οἷς μέλλω λέγειν πρὸς ὑμᾶς, ἐξ ἀνάγκης δέ μοί ἐστιν εἰπεῖν, ὅπως ἂν ὑμεῖς οἱ τὴν ψῆφον ἔχοντες ἀκούσαντες ἅπαντα, βουλεύσησθε ὅ τι ἂν ὑμῖν δοκῇ βέλτιστον εἶναι περὶ ἡμῶν.
[52] But why am I so earnest in urging this? The defendant himself knows well that he has sinned against me and sinned against the gods in whose name he swore, and that he is a perjurer. But something has deranged him, men of the jury, and he is not in his senses. I am pained and I feel shame, men of the jury, at what I am about to tell you, but I am forced to tell it, in order that you, in whose hands the verdict lies, may hear all the facts before you reach the conclusion regarding us which may seem to you best.
[53] ὧν δὲ μέλλω λέγειν, οὗτος αἴτιός ἐστιν οὐκ ἐθέλων ἐν τοῖς οἰκείοις περὶ τούτων πρός με διαλύσασθαι, ἀλλ᾽ ἀναισχυντῶν. Ὀλυμπιόδωρος γὰρ οὑτοσί, ὦ ἄνδρες δικασταί, γυναῖκα μὲν ἀστὴν κατὰ τοὺς νόμους τοὺς ὑμετέρους οὐδεπώποτε ἔγημεν, οὐδ᾽ εἰσὶν αὐτῷ παῖδες οὐδὲ ἐγένοντο, ἑταίραν δὲ λυσάμενος ἔνδον ἔχει, καὶ αὕτη ἐστὶν ἡ λυμαινομένη ἅπαντας ἡμᾶς καὶ ποιοῦσα τουτονὶ περαιτέρω μαίνεσθαι.
[53] For my mentioning the things which I am about to tell you this fellow is himself to blame, since he refused to settle our differences among our relatives, but chose to brazen the matter out. For you must know, men of the jury, that this fellow Olympiodorus has never married an Athenian woman in accordance with your laws; he has no children nor has ever had any, but he keeps in his house a mistress whose freedom he had purchased, and it is she who is the ruin of us all and who drives the man on to a higher pitch of madness.
[54] πῶς γὰρ οὐ μαίνεται ὅστις οἴεται δεῖν, ἃ μὲν ὡμολόγησεν καὶ συνέθετο ἑκὼν πρὸς ἑκόντα καὶ ὤμοσεν, τούτων μὲν μηδ᾽ ὁτιοῦν ποιεῖν, καὶ ταῦτα ἐμοῦ σπουδάζοντος οὐχ ὑπὲρ ἐμαυτοῦ μόνον, ἀλλὰ καὶ ὑπὲρ τῆς τούτου ἀδελφῆς τῆς ὁμοπατρίας καὶ ὁμομητρίας, ἣ ἐμοὶ συνοικεῖ, καὶ ὑπὲρ τῆς τούτου ἀδελφιδῆς, θυγατρὸς δὲ ἐμῆς; αὗται γάρ εἰσιν αἱ ἀδικούμεναι οὐχ ἧττον ἐμοῦ, ἀλλὰ καὶ μᾶλλον.
[54] Is it not indeed a proof of his madness that he refuses to do anything whatever that was stipulated in the agreement which was entered into with his full consent and with my own, and which was confirmed by an oath? — especially when I am striving, not in my own interest only, but in the interest of her to whom I am married, his own sister, born of the same father and the same mother, and in the interest of his niece, my daughter. For they are being wronged not less than I, but even more.
[55] πῶς γὰρ οὐκ ἀδικοῦνται ἢ πῶς οὐ δεινὰ πάσχουσιν, ἐπειδὰν ὁρῶσι τὴν μὲν τούτου ἑταίραν περαιτέρω τοῦ καλῶς ἔχοντος καὶ χρυσία πολλὰ ἔχουσαν καὶ ἱμάτια καλά, καὶ ἐξόδους λαμπρὰς ἐξιοῦσαν, καὶ ὑβρίζουσαν ἐκ τῶν ἡμετέρων, αὐταὶ δὲ καταδεεστέρως περὶ ταῦτα ἔχωσιν ἅπαντα, πῶς οὐκ ἐκεῖναι μᾶλλον ἔτι ἀδικοῦνται ἢ ἐγώ; οὗτος δὲ πῶς οὐ καταφανῶς μαίνεται καὶ παραφρονεῖ, τοιαῦτα περὶ αὑτοῦ βουλευόμενος; ἵνα δὲ μὴ φάσκῃ, ὦ ἄνδρες δικασταί, ἐπὶ διαβολῇ ταῦτα λέγειν με τοῦ ἀγῶνος ἕνεκα τουτουί, μαρτυρίαν ὑμῖν ἀναγνώσεται τῶν τούτου οἰκείων καὶ ἐμῶν.”Μαρτυρία”
[55] Can anyone, indeed, say that they are not wronged and are not suffering outrageous treatment, when they see this fellow’s mistress, in defiance of all decency, decked out with masses of jewels and with fine raiment, going abroad in splendid state and flaunting the luxury purchased with what is ours, while they are themselves too poor to enjoy such things? Are they not suffering a wrong even greater than my own? And in adopting such a manner of life is not Olympiodorus not manifestly mad and beside himself?
Now, that he may not claim, men of the jury, that I am speaking thus with a view to slandering him because of this suit, the clerk shall read you a deposition from his relatives and mine.” Deposition”
[56] Ὀλυμπιόδωρος μὲν οὑτοσὶ τοιοῦτός ἐστιν ἄνθρωπος, οὐ μόνον ἄδικος, ἀλλὰ καὶ μελαγχολᾶν δοκῶν ἅπασιν τοῖς οἰκείοις καὶ τοῖς γνωρίμοις τῇ προαιρέσει τοῦ βίου, καὶ ὅπερ Σόλων ὁ νομοθέτης λέγει, παραφρονῶν ὡς οὐδεὶς πώποτε παρεφρόνησεν ἀνθρώπων, γυναικὶ πειθόμενος πόρνῃ. καὶ ἄκυρά γε ταῦτα πάντα ἐνομοθέτησεν εἶναι ὁ Σόλων, ὅ τι ἄν τις γυναικὶ πειθόμενος πράττῃ, ἄλλως τε καὶ τοιαύτῃ.
[56] The defendant Olympiodorus, then, is a person of this sort. He is not only dishonest, but in the opinion of all his relatives and friends is proved by the manner of life which he has adopted to be mentally deranged; to use the language of the lawgiver Solon, he is beside himself as no other man ever was, for he is under the influence of a woman who is a harlot. And Solon established a law that all acts shall be null and void which are done by anyone under the influence of a woman, especially of a woman of her stamp.
[57] περὶ μὲν οὖν τούτων καλῶς ὁ νομοθέτης ἐπεμελήθη, ἐγὼ δὲ ὑμῶν δέομαι, καὶ οὐ μόνον ἐγώ, ἀλλὰ καὶ ἡ ἐμὴ γυνή, Ὀλυμπιοδώρου δὲ τουτουὶ ἀδελφή, καὶ ἡ θυγάτηρ ἡ ἐμή, Ὀλυμπιοδώρου δὲ τουτουὶ ἀδελφιδῆ, ἱκετεύομεν ὑμᾶς καὶ ἀντιβολοῦμεν, ὦ ἄνδρες δικασταί, ἅπαντες ἡμεῖς （νομίσατε
[57] In this matter the lawgiver made wise provision; and I entreat you — and not I only, but my wife also, the sister of this Olympiodorus, and my daughter, his niece,we all beg and implore you, men of the jury, （for I would have you imagine that these women are here present before you）,
[58] γὰρ ἐκείνας ἐνθάδε παρεῖναι） μάλιστα μὲν τουτονὶ Ὀλυμπιόδωρον πεῖσαι μὴ ἀδικεῖν ἡμᾶς, ἐὰν δ᾽ ἄρα μὴ ‘θέλῃ πείθεσθα�
�, ὑμᾶς μεμνημένους ἁπάντων τῶν εἰρημένων ψηφίζεσθαι ὅ τι ἂν ὑμῖν δοκῇ βέλτιστον καὶ δικαιότατον εἶναι. καὶ ταῦτα ποιοῦντες τά τε δίκαια γνώσεσθε καὶ τὰ συμφέροντα ἡμῖν ἅπασιν, οὐχ ἥκιστα δὲ Ὀλυμπιοδώρῳ αὐτῷ τουτῳί.
[58] if it be possible, to prevail upon this fellow Olympiodorus not to do us wrong, but if he refuses, and you cannot prevail upon him, then to bear in mind all that has been said and give whatever verdict shall seem to you best and most in accordance with justice. If you do this, you will reach a decision that is fair and one that is to the advantage of us all, and especially to the advantage of this fellow Olympiodorus himself.
πρὸς Τιμόθεον ὑπὲρ Χρέως — APOLLODORUS AGAINST TIMOTHEUS
[1] μηδενὶ ὑμῶν ἄπιστον γενέσθω, ὦ ἄνδρες δικασταί, εἰ Τιμόθεος ὀφείλων ἀργύριον τῷ πατρὶ τῷ ἐμῷ φεύγει νῦν ὑπ᾽ ἐμοῦ ταύτην τὴν δίκην. ἀλλ᾽ ἐπειδὰν ὑμᾶς ἀναμνήσω τόν τε καιρὸν ἐν ᾧ τὸ συμβόλαιον ἐγένετο, καὶ τὰ συμβάντα τούτῳ ἐν ἐκείνῳ τῷ χρόνῳ, καὶ εἰς ὅσην ἀπορίαν κατέστη οὗτος, τότε ἡγήσεσθε τὸν μὲν πατέρα τὸν ἐμὸν βέλτιστον γενέσθαι περὶ Τιμόθεον, τοῦτον δὲ οὐ μόνον ἀχάριστον εἶναι,
[1] Let no one of you think, men of the jury, that it is a thing beyond belief that Timotheus should have owed money to my father and is now being prosecuted by me in this suit. On the contrary, when I have called to your minds the occasion on which the loan was contracted and the events in which the defendant was at that time involved and the straits to which he was reduced, you will then hold that my father was most generous to Timotheus, and that the defendant is not only ungrateful, but is the most dishonest of humankind;
[2] ἀλλὰ καὶ ἀδικώτατον πάντων ἀνθρώπων, ὅς γε τυχὼν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ ὅσων ἐδεήθη καὶ λαβὼν ἀργύριον ἀπὸ τῆς τραπέζης, ἐν πολλῇ ἀπορίᾳ ὢν κἀν κινδύνοις τοῖς μεγίστοις καθεστηκὼς περὶ τῆς ψυχῆς, οὐ μόνον οὐκ ἀπέδωκε χάριν, ἀλλὰ καὶ τὸ δοθὲν ἀποστερεῖ με. καίτοι σφαλέντος μὲν τούτου ἀπώλλυτο καὶ τῷ πατρὶ τῷ ἐμῷ τὸ συμβόλαιον: οὔτε γὰρ ἐπ᾽ ἐνεχύρῳ οὔτε μετὰ μαρτύρων ἔδωκεν: σωθέντος δὲ ἐπὶ τούτῳ ἐγίγνετο, ὁπότε βούλοιτο εὐπορήσας ἡμῖν ἀποδοῦναι.
[2] for he got from my father all that he asked, and received from the bank money at a time when he was in great need and when he was in grievous danger of losing his life; yet he has not only made no return, but even seeks to rob me of the money which was granted him. And yet, if matters had gone badly with Timotheus, my father’s money, too, was lost, for he lent it without security and without witnesses; but, if the defendant got off safe, it rested with him to choose when, having the funds available, he should pay us back.
[3] ἀλλ᾽ ὅμως, ὦ ἄνδρες δικασταί, οὐ περὶ πλείονος ἐποιήσατο ὁ πατὴρ περιουσίαν χρημάτων μᾶλλον ἢ οὐ Τιμοθέῳ ὑπηρετῆσαι ὧν ἐδεήθη αὐτοῦ, ἐν ἀπορίᾳ ὄντι. ᾤετο μὲν οὖν, ὦ ἄνδρες δικασταί, ὁ πατήρ, εἰ σωθείη Τιμόθεος τότε ἐξ ἐκείνων τῶν κινδύνων καὶ ἀφίκοιτο οἴκαδε παρὰ βασιλέως, εὐπορωτέρου γενομένου τούτου ἢ ὡς τότε διέκειτο, οὐ μόνον τὰ ἑαυτοῦ κομιεῖσθαι, ἀλλὰ καὶ ἄλλου εἴ του δέοιτο πρὸς Τιμόθεον πρᾶξαι ὑπάρξειν αὑτῷ.
[3] But for all that, men of the jury, my father did not count the holding of large sums of money as important a matter as to supply Timotheus with what he needed in the time of his distress. No, my father thought, men of the jury, that, if Timotheus then got safely out of those dangers and returned home from the service of the king, when the defendant was in better circumstances than at the time, he would not only recover his money, but would be in a position to obtain whatever else he might wish from Timotheus.
[4] ἐπειδὴ δὲ οὐχ ὡς ἐκεῖνος ᾠήθη συμβέβηκεν, ἀλλ᾽ ἃ μετὰ χάριτος ἔλαβεν Τιμόθεος ἀπὸ τῆς τραπέζης δεηθεὶς τοῦ πατρὸς τοῦ ἐμοῦ, ταῦτα δι᾽ ἔχθρας καὶ δίκης τετελευτηκότος ἐκείνου ἐξελεγχθεὶς μὲν ὡς ὀφείλει οἴεται δεῖν ἀποδοῦναι, ἐὰν δὲ δύνηται ὑμᾶς πεῖσαι ὡς οὐκ ὀφείλει, ἐξαπατήσας τῷ λόγῳ, ἀποστερῆσαι ἡμᾶς τῶν χρημάτων, ἀναγκαῖόν μοι δοκεῖ εἶναι ἐξ ἀρχῆς ἅπαντα διηγήσασθαι ὑμῖν, τά τε ὀφειλόμενα, καὶ εἰς ὅ τι ἕκαστον αὐτῶν κατεχρήσατο, καὶ τοὺς χρόνους ἐν οἷς τὸ συμβόλαιον ἐγένετο.
[4] But as matters have not turned out as my father expected, since the money which Timotheus asked of my father and gratefully received from the bank he is determined, now that my father is dead, to pay back only if forced to do so by hostile legal procedure, and by convincing proof of his indebtedness, and, if he can convince you by deceitful arguments that he is not liable, to rob us of the money — I count it necessary to inform you fully of everything from the beginning: the several loans, the purpose for which he expended each sum, and the dates at which the obligations were contracted.
[5] θαυμάσῃ δὲ μηδεὶς ὑμῶν εἰ ἀκριβῶς ἴσμεν: οἱ γὰρ τραπεζῖται εἰώθασιν ὑπομνήματα γράφεσθαι ὧν τε διδόασιν χρημάτων καὶ εἰς ὅ τι καὶ ὧν ἄν τις τιθῆται, ἵνα ᾖ αὐτοῖς γνώριμα τά τε ληφθέντα καὶ τὰ τεθέντα πρὸς τοὺς λογισμούς.
[5] And let no one of you wonder that I have accurate knowledge of these matters; for bankers are accustomed to write out memoranda of the sums which they lend, the purposes for which funds are desired, and the payments which a borrower makes, in order that his receipts and his payments may be known to them for their accounts.
[6] ἐπὶ Σωκρατίδου γὰρ ἄρχοντος μουνιχιῶνος μηνὸς μέλλων ἐκπλεῖν τὸν ὕστερον ἔκπλουν Τιμόθεος οὑτοσί, περὶ ἀναγωγὴν ἤδη ὢν ἐν τῷ Πειραιεῖ, προσδεηθεὶς ἀργυρίου, προσελθὼν τῷ πατρὶ τῷ ἐμῷ ἐν τῷ λιμένι, ἐκέλευσεν αὐτὸν χρῆσαι χιλίας τριακοσίας πεντήκοντα μίαν δύ᾽ ὀβολώ: τοσούτου γὰρ ἔφη προσδεῖσθαι: καὶ δοῦναι ἐκέλευσεν Ἀντιμάχῳ τῷ ταμίᾳ τῷ ἑαυτοῦ, ὃς τούτῳ διῴκει τότε πάντα.
[6] It was then, in the archonship of Socratidas, in the month Munichion, when the defendant Timotheus was about to sail on his second expedition and was already in the Peiraeus on the point of putting to sea, that, being in want of money, he came to my father in the port and urged him to lend him one thousand three hundred and fifty-one drachmae two obols, declaring that he needed that additional sum; and he bade him give the money to his treasurer Antimachus, who at that time managed everything for him.
[7] καὶ ὁ μὲν δανεισάμενος τὸ ἀργύριον παρὰ τοῦ πατρὸς τοῦ ἐμοῦ Τιμόθεος ἦν
καὶ κελεύσας δοῦναι Ἀντιμάχῳ τῷ ταμίᾳ τῷ ἑαυτοῦ, ὁ δὲ λαβὼν τὸ ἀργύριον ἀπὸ τῆς τραπέζης παρὰ Φορμίωνος Αὐτόνομος, ὅσπερ Ἀντιμάχῳ διετέλει γραμματεύων τὸν ἅπαντα χρόνον.
[7] It was Timotheus who borrowed the money from my father, and who bade him give it to his treasurer Antimachus, but the one who received the money from Phormio at the bank was Autonomus, who throughout all that time served as secretary to Antimachus.
[8] δοθέντος τοίνυν τοῦ ἀργυρίου τούτου ἐγράψατο μὲν ὀφείλοντα τὸν κελεύσαντα χρῆσαι Τιμόθεον, ὑπόμνημα δὲ ἐγράψατο, ᾧ τε οὗτος ἐκέλευσε δοῦναι, Ἀντιμάχῳ, καὶ ὃν ὁ Ἀντίμαχος συνέπεμψεν ἐπὶ τὴν τράπεζαν ληψόμενον τὸ ἀργύριον, τὸν Αὐτόνομον, τὰς χιλίας τριακοσίας δραχμὰς καὶ πεντήκοντα καὶ μίαν καὶ δύ᾽ ὀβολώ. τὸ μὲν τοίνυν πρῶτον χρέως, ὃ ἐκπλέων ἔλαβεν στρατηγῶν τὸ ὕστερον, τοσοῦτον ὀφείλει.