by Demosthenes
[4] He instructed Archebiades and Phrasias to point him out and introduce him to my father, when he should return from his journey. It is the custom of all bankers, when a private person deposits money and directs that it be paid to a given person, to write down first the name of the person making the deposit and the amount deposited, and then to write on the margin “to be paid to so-and-so”; and if they know the face of the person to whom payment is to be made, they do merely this, write down whom they are to pay; but, if they do not know it, it is their custom to write on the margin the name also of him who is to introduce and point out the person who is to receive the money. For a grievous misfortune befell this Lycon.
[5] τύχης δὲ συμβάσης τοιαύτης τῷ Λύκωνι τούτῳ ὥστε εὐθὺς ἐκπλέοντα αὐτὸν περὶ τὸν Ἀργολικὸν κόλπον ὑπὸ λῃστρίδων νεῶν τά τε χρήματα καταχθῆναι εἰς Ἄργος καὶ αὐτὸν τοξευθέντα ἀποθανεῖν, ἔρχεται ἐπὶ τὴν τράπεζαν Κάλλιππος οὑτοσὶ εὐθὺς ἐρωτῶν, Λύκωνα Ἡρακλεώτην εἰ γιγνώσκοιεν. ἀποκριναμένου δὲ Φορμίωνος τουτουὶ ὅτι γιγνώσκοιεν, ‘ἆρα καὶ ἐχρῆτο ὑμῖν’; ἔφη ὁ Φορμίων: ‘ἀλλὰ πρὸς τί ἐρωτᾷς’; ‘πρὸς τί’; ἔφη: ‘ἐγώ σοι ἐρῶ. ἐκεῖνος μὲν τετελεύτηκεν, ἐγὼ δὲ προξενῶν τυγχάνω τῶν Ἡρακλεωτῶν. ἀξιῶ δή σε δεῖξαί μοι τὰ γράμματα, ἵν᾽ εἰδῶ εἴ τι καταλέλοιπεν ἀργύριον: ἐξ ἀνάγκης γάρ μοί ἐστιν ἁπάντων Ἡρακλεωτῶν ἐπιμελεῖσθαι.’
[5] No sooner had he set out, and was sailing around the Argolic gulf, than his ship was captured by pirate vessels and his goods taken to Argos, while he himself was shot down by an arrow, and met his death. Immediately after this mischance this man Callippus came to the bank, and asked whether they knew Lycon, the Heracleote. Phormion, who is here present, answered that they knew him. “Was he a customer of yours?” “He was,” said Phormion, “but why do you ask?” “Why?” said he, “I will tell you. He is dead, and, as it happens, I am proxenos of the Heracleotes. I demand therefore that you show me your books, that I may know whether he has left any money; for I must of necessity look after the affairs of all the men of Heraclea.”
[6] ἀκούσας δ᾽ αὐτοῦ ὁ Φορμίων, ὦ ἄνδρες δικασταί, ἔδειξεν εὐθέως παραχρῆμα. δείξαντος δὲ αὐτοῦ τὸ γραμματεῖον, ἀναγνοὺς αὐτὸς καὶ ἄλλος οὐδείς, καὶ ἰδὼν γεγραμμένον ἐν αὐτῷ ‘Λύκων Ἡρακλεώτης χιλίας ἑξακοσίας τετταράκοντα: Κηφισιάδῃ ἀποδοῦναι δεῖ: Ἀρχεβιάδης Λαμπτρεὺς δείξει τὸν Κηφισιάδην’, ᾤχετο ἀπιὼν σιωπῇ, καὶ πλέον ἢ πέντε μηνῶν οὐδένα λόγον ἐποιήσατο.
[6] On hearing this, men of the jury, Phormion immediately showed him the books, and, when he had done so, and Callippus （it was he himself, and not another） had read them, and had seen in them the entry, “Lycon, the Heracleote, sixteen hundred and forty drachmae, to be paid to Cephisiades; Archebiades of Lamptrae will identify Cephisiades,” he went off in silence and for more than five months made no mention of the matter.
[7] ἐπιδημήσαντος δὲ τοῦ Κηφισιάδου μετὰ ταῦτα καὶ προσελθόντος πρὸς τὴν τράπεζαν καὶ ἀπαιτοῦντος τὰ χρήματα, παρόντος δέ, ὦ ἄνδρες δικασταί, Ἀρχεβιάδου καὶ τοῦ Φρασίου, οὓς ὁ Λύκων τῷ πατρὶ συνέστησεν καὶ ἐκέλευσε τὸν Κηφισιάδην δεῖξαι ὃς εἴη, ἐπειδὴ ἔλθοι, παρόντων δὲ καὶ ἄλλων, ἐξαριθμήσας αὐτῷ τὰς ἑκκαίδεκα μνᾶς καὶ τετταράκοντα δραχμὰς ἀπέδωκε Φορμίων οὑτοσί. ὡς δὲ ἀληθῆ λέγω, τούτων ἁπάντων ὑμῖν τὰς μαρτυρίας ἀναγνώσεται.”Μαρτυρίαι”
[7] After this Cephisiades, having returned to Athens, came to the bank and demanded the money, and in the presence of Archebiades and Phrasias, men of the jury, the persons whom Lycon had introduced to my father, and had hidden to identify Cephisiades, when he should return and in the presence of other witnesses also, Phormion, who is here in court, counted out and paid him the sixteen minae forty drachmae.
To prove that I am speaking the truth, the clerk shall read you the depositions which bear upon all these facts.” Depositions”
[8] ὅτι μὲν ἀληθῆ ἅπαντα εἶπον πρὸς ὑμᾶς, ὦ ἄνδρες δικασταί, τῶν μαρτυριῶν ἀκηκόατε. προσελθὼν δὲ συχνῷ χρόνῳ ὕστερον πρὸς τὸν πατέρα Κάλλιππος οὑτοσὶ ἐν ἄστει, ἤρετο αὐτὸν εἰ ἤδη ἐπιδεδημηκὼς εἴη ὁ Κηφισιάδης, ὅτῳ γεγραμμένον εἴη ἀποδοῦναι τὸ ἀργύριον τὸ ὑπὸ τοῦ Λύκωνος τοῦ Ἡρακλεώτου καταλειφθέν. ἀποκριναμένου δὲ τοῦ πατρὸς ὅτι οἴοιτο μέν, εἰ μέντοι βούλοιτο εἰς Πειραιᾶ καταβῆναι, τὴν ἀκρίβειαν εἴσοιτο, ‘οἶσθά τοι’ ἔφη, ‘ὅ τι ἔστιν, ὦ Πασίων, ὅ σε ἐρωτῶ’;
[8] That all I have told you is true, men of the jury, you have learned from the depositions. However, a long time after this, the plaintiff Callippus came up to my father in the city, and asked him if Cephisiades, to whom according to the entry in the book the money left by Lycon the Heracleote was to be paid, had returned to Athens. On my father’s replying that he thought so, but, if he wanted to go down to the Peiraeus, he would find out the truth, Callippus said to him, “Do you know, Pasion, what it is that I am asking you?” —
[9] （καὶ μὰ τὸν Δία καὶ τὸν Ἀπόλλω καὶ τὴν Δήμητρα, οὐ ψεύσομαι πρὸς ὑμᾶς, ὦ ἄνδρες δικασταί, ἀλλ᾽ ἃ τοῦ πατρὸς ἤκουον, διηγήσομαι ὑμῖν.） ‘ἔξεστί σοι’ ἔφη ‘ἐμέ τε εὖ ποιῆσαι καὶ αὐτὸν μηδὲν βλαβῆναι. προξενῶν μὲν γὰρ τυγχάνω τῶν Ἡρακλεωτῶν, βούλοιο δ᾽ ἄν, ὡς οἶμαι ἐγώ, ἐμὲ μᾶλλον τὸ ἀργύριον λαβεῖν ἢ τὸν μέτοικον ἄνθρωπον καὶ ἐν Σκίρῳ κατοικοῦντα καὶ οὐδενὸς ἄξιον. συμβέβηκεν δὲ τοιοῦτόν τι: ὁ Λύκων τυγχάνει ὢν καὶ ἄπαις καὶ κληρονόμον οὐδένα οἴκοι καταλιπών, ὡς ἐγὼ πυνθάνομαι.
[9] （and by Zeus and Apollo and Demeter, I shall make no false statement to you, men of the jury, but shall relate to you what I heard from my father）— “You have a chance,” he continued, “to do a good turn to me, and no harm to yourself. It happens that I am proxenos of the Heracleotes, and you would be glad, I should think, to have me get the money rather than an alien who resides in Scyros, and is a man of no account. Matters have turned out like this. Lycon was without children, and has left, as I am informed, no heir in his house.
[10] πρὸς δὲ τούτῳ, ἐπειδὴ εἰς Ἄργος κατήχθη τετρωμένος, τῷ προξένῳ τῶν Ἡρακλεωτῶν τῷ Ἀργείῳ Στραμμένῳ τὰ χρήματα δέδωκεν ἃ κατήχθη μετ᾽ αὐτοῦ. οἷος οὖν εἰμι καὶ ἐγὼ τὰ ἐνθάδε αὐτὸς ἀξιοῦν λαμβάνειν: ἡγοῦμαι γὰρ δίκαιος εἶναι ἔχειν. σὺ οὖν, εἰ ἄρα μὴ ἀπείληφεν, λέγε ὅτι ἐγὼ ἀμφ�
�σβητῶ, ἂν ἄρα ἔλθῃ ὁ Κηφισιάδης. εἰ δ᾽ ἄρα ἀπείληφεν, λέγε ὅτι ἐγὼ μάρτυρας ἔχων ἠξίουν ἐμφανῆ καταστῆσαι τὰ χρήματα ἢ τὸν κεκομισμένον, καὶ εἴ τίς με βούλεται ἀφελέσθαι, πρόξενον ὄντα ἀφαιρεθῆναι.’
[10] More than this, when he was brought to Argos, wounded, he gave to Strammenus, the Argive proxenos of the Heracleotes, the property which was brought in with him. I, therefore, am likewise in a position to claim the money that is here; for I think it is right that I should have it. Do you, therefore, if Cephisiades has not recovered it, say, if he should come here, that I dispute his claim; and if he has recovered it, say that I came with witnesses and demanded that the money be produced, or the person who has received it; and, if anyone tries to defraud me, let him know that he is defrauding a proxenos.”
[11] ἐπειδὴ δὲ αὐτῷ εἴρητο, ‘ἐγώ’, ἔφη ὁ πατήρ, ‘ὦ Κάλλιππε, χαρίζεσθαι μέν σοι βούλομαι （καὶ γὰρ ἂν καὶ μαινοίμην, εἰ μή）, οὕτω μέντοι ὅπως αὐτός τε μὴ χείρων δόξω εἶναι καὶ ἐκ τοῦ πράγματος μηδὲν ζημιώσομαι. εἰπεῖν μὲν οὖν μοι ταῦτα πρὸς τὸν Ἀρχεβιάδην καὶ τὸν Ἀριστόνουν καὶ πρὸς αὐτὸν δὲ τὸν Κηφισιάδην οὐδὲν διαφέρει: ἐὰν μέντοι μὴ ‘θέλωσι ταῦτα ποιεῖν εἰπόντος ἐμοῦ, αὐτὸς ἤδη διαλέγου αὐτοῖς.’ ‘ἀμέλει,’ ἔφη οὗτος, ‘ὦ Πασίων, ἐὰν βούλῃ σύ, ἀναγκάσεις αὐτοὺς ταῦτα ποιῆσαι.’
[11] After he had spoken thus, my father answered, “Callippus, I want to oblige you （I should be mad, if I did not）, but on this condition, that I shall not damage my own reputation, nor suffer any loss through the business; to suggest what you propose to Archebiades and Aristonoüs and to Cephisiades himself, can cause me no trouble; but if they do not choose to do as you say at my suggestion, you must talk to them yourself.” “Be easy in your mind, Pasion,” said he; “if you like, you will force them to do what I want.”
[12] ἃ μὲν διελέχθη, ὦ ἄνδρες δικασταί, οὗτος μὲν τῷ πατρί, ἐκεῖνος δὲ τῷ Ἀρχεβιάδῃ καὶ τῷ Κηφισιάδῃ τούτου δεηθέντος καὶ τούτῳ χαριζόμενος, ταῦτ᾽ ἔστιν, ἐξ ὧν κατὰ μικρὸν ἡ δίκη αὕτη πέπλασται: ὧν ἐγὼ ἤθελον τούτῳ ταύτην ἥτις εἴη μεγίστη πίστις δοῦναι, ἦ μὴν ἐγὼ τοῦ πατρὸς ἀκούειν.
[12] This, men of the jury, is what the plaintiff said to my father, and what my father repeated to Archebiades and Cephisiades at the plaintiff’s request and as a favor to him; and from this, little by little, this suit has been got up. I was ready to swear by the most solemn of oaths, that I verily heard these statements from my father.
[13] οὗτος δὲ ὁ ἀξιῶν ὑφ᾽ ὑμῶν πιστεύεσθαι ὡς ἀληθῆ λέγων, τρία ἔτη διαλιπὼν ἐπειδὴ τὸ πρῶτον διαλεχθέντος τοῦ πατρὸς τῷ Ἀρχεβιάδῃ καὶ τοῖς ἄλλοις τοῖς Κηφισιάδου ἐπιτηδείοις οὐκ ἔφασαν Καλλίππῳ προσέχειν τὸν νοῦν οὐδὲ οἷς λέγει,
[13] The plaintiff, however, who demands that you believe him as one speaking the truth, waited for three years after my father had spoken for the first time to Archebiades and the other friends of Cephisiades, and after they had refused to pay any attention to Callippus or to what he said; then, when he learned that my father was in poor health, and had difficulty in coming up to the city, and that his sight was failing,
[14] ἐπειδὴ ᾔσθετο ἀδυνάτως ἤδη ἔχοντα τὸν πατέρα καὶ μόγις εἰς ἄστυ ἀναβαίνοντα καὶ τὸν ὀφθαλμὸν αὐτὸν προδιδόντα, λαγχάνει αὐτῷ δίκην, οὐ μὰ Δί᾽ οὐχ ὥσπερ νῦν ἀργυρίου, ἀλλὰ βλάβης, ἐγκαλέσας βλάπτειν ἑαυτὸν ἀποδιδόντα Κηφισιάδῃ τὸ ἀργύριον, ὃ κατέλιπε Λύκων ὁ Ἡρακλεώτης παρ᾽ αὐτῷ, ἄνευ αὑτοῦ ὁμολογήσαντα μὴ ἀποδώσειν. λαχὼν δὲ παρὰ μὲν τοῦ διαιτητοῦ ἀνείλετο τὸ γραμματεῖον, προὐκαλέσατο δ᾽ αὐτὸν ἐπιτρέψαι Λυσιθείδῃ, αὑτοῦ μὲν καὶ Ἰσοκράτους καὶ Ἀφαρέως ἑταίρῳ, γνωρίμῳ δὲ τοῦ πατρός.
[14] he brought an action against him, not indeed an action for money, like the present one, but an action for damages, declaring that my father had wrought him injury by paying to Cephisiades the money which Lycon, the Heracleote, had left in his keeping after having promised not to pay it without the plaintiff’s consent. After he had brought suit, he took back the papers from the public arbitrator, and challenged my father to refer the case to Lysitheides, a friend of Callippus himself and of Isocrates and Aphareus, and an acquaintance of my father.
[15] ἐπιτρέψαντος δὲ τοῦ πατρός, ὃν μὲν χρόνον ἔζη ὁ πατήρ, ὅμως καίπερ οἰκείως ἔχων τούτοις ὁ Λυσιθείδης οὐκ ἐτόλμα οὐδὲν εἰς ἡμᾶς ἐξαμαρτάνειν. καίτοι οὕτω τινὲς ἀναίσχυντοι τῶν οἰκείων τῶν τουτουί, ὥστε ἐτόλμησαν μαρτυρῆσαι ὡς ὁ μὲν Κάλλιππος ὅρκον τῷ πατρὶ δοίη, ὁ δὲ πατὴρ οὐκ ἐθέλοι ὀμόσαι παρὰ τῷ Λυσιθείδῃ, καὶ οἴονται ὑμᾶς πείσειν ὡς ὁ Λυσιθείδης, οἰκεῖος μὲν ὢν τῷ Καλλίππῳ διαιτῶν δὲ τὴν δίαιταν, ἀπέσχετ᾽ ἂν μὴ οὐκ εὐθὺς τοῦ πατρὸς καταδιαιτῆσαι, αὐτοῦ γε ἑαυτῷ μὴ ‘θέλοντος δικαστοῦ γενέσθαι τοῦ πατρός.
[15] My father gave his consent, and during his lifetime Lysitheides despite his intimacy with these men did not venture to commit any wrong against us. And yet some of the plaintiff’s friends are so lacking in shame, that they had the audacity to depose that Callippus challenged my father to take an oath, and that my father refused to swear before Lysitheides; and they imagine that they can convince you that in that case Lysitheides, a friend of Callippus and the one acting as arbitrator in the case, would have refrained from making an immediate award against my father, especially since my father thus refused to make himself the judge of his own case.
[16] ὡς δὲ ἐγὼ μὲν ἀληθῆ λέγω, οὗτοι δὲ ψεύδονται, πρῶτον μὲν αὐτὸ ὑμῖν τοῦτο γενέσθω τεκμήριον, ὅτι κατεγνώκει ἂν αὐτοῦ ὁ Λυσιθείδης, καὶ ὅτι ἐγὼ ἐξούλης ἂν ἔφευγον νῦν, ἀλλ᾽ οὐκ ἀργυρίου δίκην: πρὸς δὲ τούτῳ ἐγὼ ὑμῖν τοὺς παρόντας ἑκάστοτε τῷ πατρὶ ἐν ταῖς συνόδοις ταῖς πρὸς τοῦτον, αἳ παρὰ τῷ Λυσιθείδῃ ἐγίγνοντο, μάρτυρας παρέξομαι.”Μάρτυρες”
[16] That I am telling the truth and that these men are lying, is proved, I claim, by the very fact that Lysitheides would have made the award against my father, and that I should now be defendant in an ejectment suit, and not in an action for money; and, besides this, I shall bring before you as witnesses the persons who were present on the various occasions when I met the plaintiff before Lysitheides.” Witnesses”
[17] ὅτι μὲν οὐ προκαλεσάμενος εἰς ὅρκον τὸν πατέρα τότε, νυνὶ ἐκείνου τετελευτηκότος κ�
�ταψεύδεται, καὶ κατ᾽ ἐμοῦ ῥᾳδίως τὰ ψευδῆ μαρτυροῦντας τοὺς οἰκείους τοὺς ἑαυτοῦ παρέχεται, ἔκ τε τῶν τεκμηρίων καὶ ἐκ τῆς μαρτυρίας ταύτης ῥᾴδιον ὑμῖν εἰδέναι. ὅτι δὲ ἐγὼ ὑπὲρ τοῦ πατρὸς ἠθέλησα αὐτῷ πίστιν δοῦναι ἥνπερ ὁ νόμος κελεύει, ἐάν τις τεθνεῶτι ἐπικαλῶν δικάζηται τῷ κληρονόμῳ,
[17] That he did not challenge my father to an oath at that time, but now maligns him after his death, and brings forward his own intimates who recklessly bear false witness against me, you can easily see from the circumstantial evidence and from the deposition. And that I was ready on my father’s behalf to take the oath which the law prescribes when an heir is sued in court on a charge brought against one who is dead, —