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Delphi Complete Works of Demosthenes

Page 548

by Demosthenes


  [23] And my father, hearing from Aeschrion, the body-servant of the defendant, that they had arrived and the urgent need for which the request was made, both supplied the objects for which the slave had come and lent the mina of silver which he asked to borrow. Well, when he had been acquitted of the charge, the defendant found himself in sore straits for money to pay his private debts and the taxes to the state, and my father, seeing this, did not venture to demand repayment of the money at once;

  [24] οὔτε γὰρ ἂν τοῦτον εὐπορήσανθ᾽ ἡγεῖτο ἀδικῆσαι αὑτόν, οὔτ᾽ ἂν αὐτὸς ἀποροῦντα τοῦτον ἔχειν ὁπόθεν εἰσπράξειεν. ἐπειδὴ τοίνυν ἀπῆλθον ὅ τε Ἀλκέτας καὶ ὁ Ἰάσων, τὰ μὲν στρώματα καὶ τὰ ἱμάτια πάλιν ἀπήνεγκεν ὁ Αἰσχρίων ὁ ἀκόλουθος ὁ τούτου, τὰς δὲ φιάλας τὰς δύο οὐκ ἀπήνεγκεν, ἃς ᾐτήσατο ὅτεπερ καὶ τὰ στρώματα καὶ τὴν μνᾶν τοῦ ἀργυρίου ἐδανείσατο, ἀφικομένων ὡς τοῦτον Ἀλκέτου καὶ Ἰάσονος.

  [24] for, while he did not think that Timotheus would defraud him when he had the means to pay, he did not himself see any way to exact payment from him when he was without means. So, after the departure of Alcetas and Jason, Aeschrion, the defendant’s body-servant, brought back the bedding and the cloaks, but he did not return the two bowls, for which he had asked at the time he borrowed the bedding and the mina of silver., when Alcetas and Jason arrived at the defendant’s house.

  [25] μέλλων τοίνυν ἀποδημεῖν ὡς βασιλέα, καὶ διαπραξάμενος ἐκπλεῦσαι ὡς βασιλεῖ στρατηγήσων τὸν ἐπ᾽ Αἴγυπτον πόλεμον, ἵνα μὴ δῷ ἐνθάδε λόγον καὶ εὐθύνας τῆς στρατηγίας, μεταπεμψάμενος τὸν πατέρα τὸν ἐμὸν εἰς τὸ Παράλιον τῶν τε προϋπηργμένων εἰς αὑτὸν ἐπῄνει,

  [25] Then, when he was about to leave the country to take service with the king, and had arranged to sail as the king’s general to carry on the Egyptian war, in order that he might not have to submit an account and vouchers for his military administration here, he sent for my father to come to the Paralion, thanked him for his former services to him,

  [26] καὶ ἐδεῖτο αὐτοῦ συστήσας Φιλώνδαν, ἄνδρα τὸ μὲν γένος Μεγαρέα, μετοικοῦντα δ᾽ Ἀθήνησιν, πιστῶς δὲ τούτῳ διακείμενον καὶ ὑπηρετοῦντα ἐν ἐκείνῳ τῷ χρόνῳ, ἐπειδὰν ἀφίκηται ἐκ Μακεδονίας ὁ Φιλώνδας, ὃν συνίστη οὗτος τῷ πατρὶ τῷ ἐμῷ, ἄγων ξύλα τὰ δοθέντα τούτῳ ὑπὸ Ἀμύντου, τὸ ναῦλον τῶν ξύλων παρασχεῖν καὶ ἐᾶσαι ἀνακομίσαι τὰ ξύλα εἰς τὴν οἰκίαν τὴν ἑαυτοῦ τὴν ἐν Πειραιεῖ: αὑτοῦ γὰρ εἶναι τὰ ξύλα.

  [26] and, introducing to him Philondas, a Megarian by birth, but one who resided as an alien at Athens, — a man who at that time was loyally devoted to the defendant and was employed in his service — he begged my father, that when Philonidas (whom he then introduced to him) should come back from Macedonia bringing some timber, which had been given to the defendant by Amyntas, he would supply him with money for the freight of the timber, and let him deliver the timber to the defendant’s house in Peiraeus; for he declared the timber belonged to him.

  [27] ἅμα τε τῇ δεήσει εἶπε λόγον, ᾧ οὐκ ἀκόλουθα ποιεῖ τὰ ἔργα νυνί: ἔφη γάρ, κἂν μὴ τύχῃ ὧν ἐδεῖτο τοῦ πατρός, οὐκ ὀργισθήσεσθαι ὥσπερ ἂν ἄλλος τις ἀποτυχών, ἀλλ᾽ ὧν αὑτῷ δεηθέντι ὑπηρέτηκεν, τούτων, ἄν ποτε δύνηται, χάριν ἀποδώσειν. ἀκούσας δὲ ὁ πατὴρ ὁ ἐμὸς ταῦτα ἥσθη τε τοῖς λόγοις, καὶ ἐπῄνει τοῦτον ὅτι μέμνηται εὖ παθών, καὶ ὅσα αὐτοῦ ἐδεῖτο ὑπέσχετο ποιήσειν.

  [27] At the same time in preferring this request, he made statements which are quite inconsistent with his present actions. For he said that even if he should not obtain what he asked of my father, he would not be angry, as another might who failed to obtain what he wanted, but would show his gratitude, if he should ever find himself able to do so, for the services which my father had rendered him at his request. On hearing this my father was pleased at his words and commended him for remembering the favors shown him, and promised to do all that he asked.

  [28] καὶ οὗτος μὲν μετὰ ταῦτα τὴν ἀναγωγὴν ἐποιεῖτο ὡς τοὺς στρατηγοὺς τοὺς βασιλέως, ὁ δὲ Φιλώνδας, ᾧ συνέστησεν τὸν πατέρα τὸν ἐμόν, ἐπειδὰν ἀφίκηται ἄγων τὰ ξύλα, τὸ ναῦλον παρασχεῖν, εἰς τὴν Μακεδονίαν τὴν πορείαν ἐποιεῖτο. καὶ οὗτοι οἱ χρόνοι ἦσαν περὶ θαργηλιῶνα μῆνα ἐπ᾽ Ἀστείου ἄρχοντος.

  [28] Timotheus, then, after this set sail to join the king’s generals, but Philondas, to whom he had presented my father as one who would pay the freight, when he should come back with the timber, set out on his journey to Macedonia. The time was about the month Thargelion, in the archonship of Asteius.

  [29] τῷ δ᾽ ὑστέρῳ ἔτει ἀφικομένου τοῦ Φιλώνδου ἐκ τῆς Μακεδονίας ἄγοντος τὰ ξύλα, ἀποδημοῦντος τούτου παρὰ βασιλεῖ, καὶ προσελθόντος τῷ πατρὶ τῷ ἐμῷ καὶ κελεύοντος τὸ ναῦλον τῶν ξύλων παρασχεῖν, ἵνα διαλύσῃ τὸν ναύκληρον, καθάπερ οὗτος ἐδεήθη ὅτε ἐξέπλει τοῦ πατρὸς καὶ συνέστησε τὸν Φιλώνδαν, προσαγαγὼν πρὸς τὴν τράπεζαν ὁ πατὴρ ἐκέλευσε δοῦναι Φορμίωνα τὸ ναῦλον τῶν ξύλων, χιλίας ἑπτακοσίας πεντήκοντα.

  [29] In the following year Philondas came back from Macedonia, bringing the timber, while Timotheus was absent in the king’s service. He approached my father and asked him to furnish the freight for the timber, in order that he might settle with the shipowner, as Timotheus had begged my father to do, when he was about to sail and had introduced Philondas to him. So my father took him to the bank and ordered Phormio to pay him the freight of the timber, one thousand seven hundred and fifty drachmae.

  [30] καὶ ἠρίθμησε τὸ ἀργύριον Φορμίων: καὶ ἐγράψατο μὲν ὀφείλοντα Τιμόθεον (οὗτος γὰρ ἦν ὁ δεηθεὶς τοῦ πατρὸς παρασχεῖν τὸ ναῦλον τῶν ξύλων, καὶ τούτου ἦν), ὑπόμνημα δ᾽ ἐγράψατο τήν τε χρείαν εἰς ἣν ἐλήφθη τὸ ἀργύριον καὶ τὸ ὄνομα τοῦ λαβόντος. καὶ οὗτος ὁ χρόνος ἦν Ἀλκισθένους ἄρχοντος, ὁ ὕστερος ἐνιαυτὸς ἢ οὗτος ἀνήγετο ὡς βασιλέα.

  [30] And Phormio counted out the money, and set down Timotheus as owing it (for it was he who had asked my father to furnish the freight for the timber, and the timber was his), and he wrote a memorandum of the purpose for which the money was received, and the name of the person who received it. The date of the transaction was the archonship of Alcisthenes, the year after Timotheus set sail to take service with the king.

  [31] ὑπὸ δὲ τὸν αὐτὸν χρόνον τοῦτον καὶ Τιμοσθένης ὁ Αἰγιλιεὺς ἀφικνεῖται κατ᾽ ἐμπορίαν ἰδία�
� ἀποδημῶν. ἐπιτήδειος δὲ ὢν Φορμίωνι καὶ κοινωνὸς ὁ Τιμοσθένης, ὅτ᾽ ἐξέπλει, δίδωσιν ἀποθεῖναι τῷ Φορμίωνι μετ᾽ ἄλλων χρημάτων καὶ φιάλας λυκιουργεῖς δύο. ἀπὸ τύχης δὲ ὁ παῖς ταύτας τὰς φιάλας, οὐκ εἰδὼς ὅτι ἀλλότριαι ἦσαν, δίδωσι τῷ Αἰσχρίωνι τῷ ἀκολούθῳ τῷ τούτου, ὅτ᾽ ἐπέμφθη ὡς τὸν πατέρα τὸν ἐμὸν ὑπὸ τούτου, καὶ ᾐτεῖτο τὰ στρώματα καὶ τὰ ἱμάτια καὶ τὰς φιάλας, καὶ τὴν μνᾶν τοῦ ἀργυρίου ἐδανείσατο, ἀφικομένων ὡς τοῦτον Ἀλκέτου καὶ Ἰάσονος.

  [31] About the same time Timosthenes of Aegilia also arrived home from a journey abroad which he had made on private business. Timosthenes was a friend and partner of Phormio, and when he set sail he had given to Phormio to put away for him along with other articles two bowls of Lycian workmanship. By chance the boy, not knowing that these bowls were the property of someone else, gave them to Aeschrion, the body-servant of the defendant, when he was sent to my father by Timotheus and requested the bedding and the cloaks and the bowls, and borrowed the mina of silver at the time when Alcetas and Jason came to the defendant’s house.

  [32] ἀπαιτοῦντος δὲ τοῦ Τιμοσθένους τὰς φιάλας τὸν Φορμίωνα, ἐπειδὴ ἧκεν, ἀποδημοῦντος Τιμοθέου παρὰ βασιλεῖ, πείθει αὐτὸν ὁ πατὴρ ὁ ἐμὸς τιμὴν ἀπολαβεῖν τῶν φιαλῶν, ὅσον ἦγον αἱ φιάλαι, διακοσίας τριάκοντα ἑπτά. καὶ τῷ μὲν Τιμοσθένει τιμὴν ἀπέδωκεν τῶν φιαλῶν, τοῦτον δὲ ἐγράψατο αὑτῷ ὀφείλοντα, πρὸς τὸ ἄλλο χρέως ὃ οὗτος αὐτῷ ὤφειλεν, ὃ ἀπέτεισεν τῷ Τιμοσθένει τῶν φιαλῶν.

  [32] When Timosthenes reached home and asked for the return of the bowls, Timotheus being still abroad in the king’s service, my father persuaded him to accept the value of the bowls, as much as they were worth by weight, namely two hundred and thirty-seven drachmae. So he paid to Timosthenes the value of the bowls and entered on his books the defendant as owing what he paid to Timosthenes for the bowls in addition to the rest of the debt which the defendant owed him.

  [33] καὶ ταῦτα πάντα ὅτι ἀληθῆ λέγω, τούτων ὑμῖν ἀναγνώσεται τὰς μαρτυρίας, πρῶτον μὲν τῶν δόντων τὸ ἀργύριον οἷς οὗτος ἐκέλευσεν ἀπὸ τῆς τραπέζης καὶ ἐπικαθημένων τότε, ἔπειτα τοῦ ἀπολαβόντος τὴν τιμὴν τῶν φιαλῶν.”Μαρτυρίαι”

  ὅτι μὲν τοίνυν οὐ ψεύδομαι πρὸς ὑμᾶς περὶ ὧν εἶπον, τῶν μαρτυριῶν ἀναγιγνωσκομένων ἀκηκόατε. ὅτι δέ μοι καὶ αὐτὸς οὗτος ὡμολόγει τὰ ξύλα τὰ κομισθέντα ὑπὸ Φιλώνδου εἰς τὴν οἰκίαν τὴν ἑαυτοῦ ἀνακομισθῆναι τὴν ἐν Πειραιεῖ, τούτων ὑμῖν ἀναγνώσεται τὴν μαρτυρίαν.”Μαρτυρία”

  [33] To prove that all these statements of mine are true the clerk shall read you the depositions which bear upon them; first, that of those who were at that time clerks in the bank and paid the money from its funds to the persons to whom Timotheus bade them pay it, and then that of the man who received the price of the bowls.” Depositions”

  You have learned, then, from the depositions which have just been read, that I am telling you nothing but the truth regarding the matters which I mentioned. And that the defendant himself admits that the timber brought by Philondas was delivered to his house in the Peiraeus, — this, too, is proved by the deposition which will be read to you.” Deposition”

  [34] ὡς μὲν τοίνυν τούτου ἦν τὰ ξύλα ἃ ἤγαγεν ὁ Φιλώνδας, αὐτός μοι μεμαρτύρηκεν: ὡμολόγει γὰρ αὐτὰ πρὸς τῷ διαιτητῇ ἀνακομισθῆναι εἰς τὴν οἰκίαν τὴν ἑαυτοῦ τὴν ἐν Πειραιεῖ, ὡς μεμαρτύρηται ὑμῖν ὑπὸ τῶν ἀκουόντων. ἔτι δὲ καὶ ἐκ τεκμηρίων πειράσομαι ἐγὼ ὑμᾶς διδάξαι ὅτι ἀληθῆ λέγω.

  [34] That the timber, then, which Philondas brought was the property of the defendant I have his own testimony to prove; for he admitted before the arbitrator that it was delivered to his house in Peiraeus, as those who heard him have testified. But besides this I shall try to prove to you by circumstantial evidence that I am telling the truth.

  [35] οἴεσθε γάρ, ὦ ἄνδρες δικασταί, τὸν πατέρα τὸν ἐμόν, εἰ μὴ Τιμοθέου ἦν τὰ ξύλα καὶ ἐδεήθη οὗτος αὐτοῦ συστήσας τὸν Φιλώνδαν, ὅτε ἀνήγετο ὡς τοὺς στρατηγοὺς τοὺς βασιλέως, παρασχεῖν τὸ ναῦλον, ἐᾶσαι ἄν ποτε ὑποκειμένων αὐτῷ τῶν ξύλων τοῦ ναύλου ἀνακομίσαι τὸν Φιλώνδαν τὰ ξύλα ἐκ τοῦ λιμένος, ἀλλ᾽ οὐκ ἂν παρακαταστήσαντά τινα τῶν οἰκετῶν φυλάττειν καὶ τιμὴν λαμβάνειν τῶν πωλουμένων ξύλων, ἕως ἐκομίσατο τὰ ἑαυτοῦ, εἴπερ Φιλώνδου ἦν τὰ ξύλα καὶ ἐμπορίας ἕνεκα ἤχθη;

  [35] For do you suppose, men of the jury, that, if the timber had not been the property of Timotheus, and if he had not begged my father — at the time he introduced Philondas to him, when he was about to set sail to join the king’s generals — to provide the freight, my father would ever have allowed Philondas to carry the timber away from the harbor, seeing that it was pledeged as security to him for the freight, and would not rather have set one of his servants to keep watch and to receive the price as the timber was sold, until he had recovered his money, if we suppose that the timber was the property of Philondas and was brought in for the sake of trade?

  [36] ἔπειτα πρὸς τούτοις τίνι ὑμῶν εἰκὸς δοκεῖ εἶναι, μὴ κελεύσαντος τούτου τὸ ναῦλον παρασχεῖν τῶν ξύλων τῶν δοθέντων τούτῳ ὑπὸ Ἀμύντου, πιστεῦσαι τὸν πατέρα τὸν ἐμὸν Φιλώνδᾳ καὶ ἐᾶσαι ἀνακομίσαι τὰ ξύλα ἐκ τοῦ λιμένος εἰς τὴν οἰκίαν τὴν τούτου; ἢ πῶς οἷόν τ᾽ ἐστὶν τὸν μὲν Φιλώνδαν ἐμπορίας ἕνεκα ἀγαγεῖν τὰ ξύλα, ὡς οὗτός φησιν, καταχρήσασθαι δὲ τοῦτον ἥκοντα εἰς τὴν οἰκοδομίαν τὴν αὑτοῦ τοῖς ξύλοις τούτοις;

  [36] Then, besides this, does it seem to anyone likely, that if Timotheus had not bidden my father to supply the freight for the timber given to him by Amyntas, my father would have trusted Philondas, and have suffered him to deliver the timber to the defendant’s house? Or, how is it possible that Philondas, as is stated by the defendant, brought in the timber for the sake of trade, and yet that the defendant on his return used this timber for the building of his house?

  [37] σκέψασθε δὲ κἀκεῖνο, ὅτι πολλοὶ καὶ χρηστοὶ τῶν πολιτῶν οἰκεῖοι ὄντες τούτῳ ἐπεμελοῦντο τῶν τούτου, ἀποδημοῦντος παρὰ βασιλεῖ Τιμοθέου: ὧν οὐδεὶς τετόλμηκεν μαρτυρῆσαι τούτῳ ἢ ὡς οὐκ ἔλαβεν ὁ Φιλώνδας τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς τραπέζης ἢ ὡς λαβὼν ἀπέδωκεν, οὐδ᾽ αὖ ὡς αὐτῶν τι
ς διέλυσε τὸ ναῦλον ὑπὲρ τῶν ξύλων ὧν ἤγαγεν ὁ Φιλώνδας, δοθέντων τούτῳ παρ᾽ Ἀμύντου: ἡγοῦνται γὰρ περὶ πλείονος αὑτοῖς εἶναι καλοὶ κἀγαθοὶ δοκεῖν εἶναι μᾶλλον ἢ Τιμοθέῳ χαρίσασθαι τὰ ψευδῆ μαρτυροῦντες.

  [37] And observe this also, that many worthy citizens were friends of the defendant and looked after his affairs while Timotheus was abroad in the service of the king, and yet not one of these has dared to testify on his behalf either that Philondas did not receive from the bank the freight of the timber, or that, having received it, he paid it back; or, again, that any one of them settled for the freight of the timber which Philondas brought and which had been given to the defendant by Amyntas. For they deem it a matter of higher import to themselves to preserve their character as worthy and honorable men than to do a favor to Timotheus by giving false testimony.

  [38] οὐ μέντοι οὐδὲ τούτου γ᾽ ἔφασαν καταμαρτυρῆσαι ἂν τἀληθῆ: οἰκεῖον γὰρ αὑτοῖς εἶναι. ὅπου τοίνυν μηδεὶς τετόλμηκε τῶν οἰκείων τούτῳ μαρτυρῆσαι καὶ ἐπιμελομένων τῶν τούτου, ὅτε ἀπεδήμει οὗτος παρὰ βασιλεῖ, ἢ ὡς οὐκ ἔλαβεν ὁ Φιλώνδας τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς τραπέζης ἢ ὡς αὐτῶν τις διέλυσεν, πῶς οὐκ εἰκός ἐστιν ὑμᾶς ἡγεῖσθαί με τἀληθῆ λέγειν;

 

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