1. If I were not conscious, men of the jury, that in a former suit against Aphobus I had readily (so absolutely manifest were his wrongdoings) convicted him of lies greater and more outrageous than these which he now utters, I should have grave doubts of my ability to show how he seeks to lead you astray in regard to each one of them. As it is, however (be it said with the favor of heaven), if you prove fair and impartial hearers, I have strong hopes that you will become as fully aware of the shamelessness of this man as were the jurors in the former trial. If the case required eloquence or cleverness I should shrink through distrust of my youth; but, as matters are, I need merely point out and rehearse to you what the plaintiff’s conduct toward us has been. From this it will be easy, I think, for all of you to determine which of us is the villain.
1. εἰ μὴ πρότερόν μοι δίκης γενομένης πρὸς Ἄφοβον, ὦ ἄνδρες δικασταί, συνῄδειν πολλῷ τούτων μείζω καὶ δεινότερʼ αὐτοῦ ψευσαμένου ῥᾳδίως ἐξελέγξας διὰ τὴν περιφάνειαν τῶν ἀδικημάτων, θαυμασίως ἂν ὡς ηὐλαβούμην μὴ καὶ νῦν οὐ δυνηθῶ δεῖξαι, πῇ παρακρούεταί ποθʼ ἕκασθʼ ὑμᾶς αὐτῶν. νῦν δὲ σὺν θεοῖς εἰπεῖν, ἄνπερ ἴσοι καὶ κοινοὶ γένησθʼ ἡμῶν ἀκροαταί, πολλὰς ἐλπίδας ἔχω μηδὲν ἧττον ὑμᾶς τὴν ἀναίδειαν τὴν τούτου γνώσεσθαι τῶν πρότερον δικασάντων. καὶ ταῦτʼ εἰ μὲν ἐδεῖτο λόγου τινὸς ἢ ποικιλίας, ἔγωγε κατώκνουν ἂν τὴν ἐμαυτοῦ καταμεμφόμενος ἡλικίαν· νῦν δʼ ἁπλῶς δεῖ διδάξαι καὶ διηγήσασθαι τὰ τούτῳ πεπραγμένα περὶ ἡμῶν· ἐκ δὲ τούτων οἶμαι πᾶσιν ὑμῖν εὔγνωστον ἔσεσθαι, πότερός ποθʼ ἡμῶν ἐσθʼ ὁ πονηρός.
2. I know that the plaintiff has instituted this suit, not because he believes he can convict anyone of having borne false witness against him, but because he thinks that the large amount of damages which he was condemned to pay will give rise to a feeling of prejudice against me, and of compassion toward himself. For this reason he is now seeking to defend himself against charges made in a suit that has already been decided, regarding which he had at the time no reasonable defence to make. I, for my part, men of the jury, if I had proceeded to execute the judgement against him and had been unwilling to make any reasonable concession, should even so have done no wrong in exacting the damages awarded by your decision; but for all that it might have been said that I had shown undue ruthlessness and enmity toward a man who is a relative in depriving him of all his property.
2. οἶδα μὲν οὖν ὅτι τὴν δίκην οὗτος εἴληχε ταύτην, οὐχὶ τῷ τὰ ψευδῆ τινʼ αὑτοῦ καταμεμαρτυρηκέναι ἐξελέγξειν πιστεύων, ἀλλʼ ἡγούμενος διὰ τὸ μέγεθος τοῦ τιμήματος τῆς δίκης, ἣν ὦφλεν, ἐμοὶ μὲν ἂν γενέσθαι τινὰ φθόνον, αὑτῷ δʼ ἔλεον. καὶ διὰ ταῦτα περὶ τῆς γεγενημένης δίκης νῦν ἀπολογεῖται, περὶ ἧς τότʼ οὐδὲν ἔσχε δίκαιον εἰπεῖν. ἐγὼ δʼ, ὦ ἄνδρες δικασταί, εἰ μὲν ἐπεπράγμην τοῦτον τὴν δίκην ἢ μηδὲν ἤθελον μέτριον συγχωρεῖν, ἠδίκουν μὲν οὐδʼ ἂν οὕτως, τὰ παρʼ ὑμῖν γνωσθέντα πραττόμενος αὐτόν, ὅμως δʼ ἂν εἶχέν τις εἰπεῖν, ὡς λίαν ὠμῶς καὶ πικρῶς ὄντα συγγενῆ τοῦτον ἐκ τῆς οὐσίας ἁπάσης ἐκβέβληκα.
3. But, as it is, the precise contrary is the truth. This man with his co-trustees has robbed me of my entire patrimony, and, even after being clearly convicted in your court, he does not consider himself obliged to do anything reasonable. On the contrary he has dispersed his property, giving his farm-buildings to Aesius and his farm to Onetor, against whom he has forced me to engage in a troublesome lawsuit. He himself stripped the house of its furniture, took away the slaves, destroyed the wine-vat, tore off the doors, and all but set fire to the house itself; then he made off to Megara, where he has settled and paid the alien’s tax. You would, therefore, with better ground loathe this man for deeds like these, than judge me guilty of undue severity.
3. νῦν δὲ τοὐναντίον ἐστίν· οὗτος ἐμὲ τῶν πατρῴων ἁπάντων μετὰ τῶν συνεπιτρόπων ἀπεστέρηκεν, καὶ οὐδʼ ἐν ὑμῖν φανερῶς ἐξελεγχθεὶς οἴεται δεῖν οὐδὲν τῶν μετρίων ποιεῖν, ἀλλὰ διασκευασάμενος τὴν οὐσίαν, καὶ παραδοὺς τὴν μὲν συνοικίαν Αἰσίῳ, τὸν δʼ ἀγρὸν Ὀνήτορι, πρὸς μὲν ἐκείνους δίκην καὶ πράγματʼ ἔχειν ἐμὲ πεποίηκεν, ἐκ δὲ τῆς οἰκίας αὐτὸς τὰ σκεύη λαβὼν καὶ τἀνδράποδʼ ἐξαγαγὼν καὶ τὸν λάκκον συντρίψας καὶ τὰ θυρώματʼ ἀποσπάσας καὶ μόνον οὐκ αὐτὴν τὴν οἰκίαν ἐμπρήσας Μέγαράδʼ ἐξῴκηκεν κἀκεῖ μετοίκιον τέθηκεν. ὥστε πολὺ ἂν δικαιότερον διὰ ταῦτα τὰ ἔργα τοῦτον μισήσαιτε ἢ ἐμοῦ τινʼ ἀνεπιείκειαν καταγνοίητε.
4. Regarding the rapacity and vile character of the plaintiff I purpose to speak at length before you later on, though what you have even now heard gives you a fair idea of it. But I shall now undertake to show you, that the testimony which has been given, about which you are going to cast your votes, is true. But one request I make of you, men of the jury, and it is a reasonable one—that you will give us both a fair hearing. This is as much in your interest as in mine, for the more accurate your knowledge of the facts, the more just and in harmony with your oaths will be the vote you will cast regarding them.
4. περὶ μὲν οὖν τῆς αἰσχροκερδίας τῆς τούτου καὶ μιαρίας ὕστερόν μοι δοκεῖ διεξελθεῖν πρὸς ὑμᾶς· καὶ νῦν δʼ ὡς ἐν κεφαλαίοις ἀκηκόατε· περὶ δὲ τῶν μεμαρτυρημένων, ὡς ἔστιν ἀληθῆ, περὶ ὧνπερ οἴσετε τὴν ψῆφον, ἤδη πειράσομαι διδάσκειν ὑμᾶς. δέομαι δʼ ὑμῶν, ὦ ἄνδρες δικασταί, δικαίαν δέησιν, ἐξ ἴσου ἡμῶν ἀμφοτέρων ἀκοῦσαι. τοῦτο δʼ ἐστὶ καὶ ὑπὲρ ὑμῶν ὁμοίως· ὅσῳ γὰρ ἂν ἀκριβέστερον τὰ πεπραγμένα μάθητε, τοσούτῳ δικαιοτέραν καὶ εὐορκοτέραν θήσεσθε τὴν ψῆφον περὶ αὐτῶν.
5. I shall show that Aphobus has not only acknowledged Milyas to be a freeman, but has even proved it by his actions; that, furthermore, about this matter he has declined the absolutely sure test by torture, and does not wish to have the truth brought to light that on the contrary he has recourse to trickery, brings forward false witnesses, and by his own words distorts the truth regarding what has taken place. So strong and so plain is the evidence by which I shall prove these statements that you will all see clearly that it is I who am speaking the truth, and that he has uttered not a word worthy of credence. I shall begin at a point which will make it easiest for you to learn the facts, and for me to instruct you regarding them in the briefest time.
5. ἐπιδείξω δὲ τοῦτον οὐ μόνον ὡμολογηκότʼ εἶναι τὸν Μιλύαν ἐλεύθερον, ἀλλὰ καὶ φανερὸν τοῦτʼ ἔργῳ πεποιηκότα, καὶ πρὸς τούτοις ⟨τοὺς⟩ ἐκ βασάνου περὶ αὐτῶν πεφευγότα τοῦτον τοὺς ἀκριβεστάτους ἐλέγχους, καὶ οὐκ ἐθελήσαντʼ ἐκ τούτων ἐπιδεῖξαι τὴν ἀλήθειαν, ἀλλὰ πανουργοῦντα καὶ μάρτυρας ψευδεῖς παρεχόμενον καὶ διακλέπτοντα τοῖς ἑαυτοῦ λόγοις τὴν ἀλήθειαν τῶν πεπραγμένων, οὕτω μεγάλοις καὶ φανεροῖς ἐλέγχοις ὥσθʼ ὑμᾶς πάντας εἴσεσθαι σαφῶς, ὅτι ἡμεῖς μὲν ἀληθῆ λέγομεν, οὗτος δʼ οὐδὲν ὑγιὲς εἴρηκεν. ἄρξομαι δʼ ἐντεῦθεν ὅθεν καὶ ὑμεῖς ῥᾷστʼ ἂν μάθοιτε κἀγὼ τάχιστʼ ἂν διδάξαιμι.
6. I instituted suit, men of the jury, against Demophon, Therippides and the plaintiff for breach of trust in their guardianship, for I had been defrauded by them of all my inheritance. When my suit against Aphobus in the first instance came up for trial, I proved clearly to the jury, as I shall prove to you, that he, in conjunction with the others, had robbed me of all the property that had been left me; and I relied upon no false testimony.
6. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, Δημοφῶντι καὶ Θηριππίδῃ καὶ τούτῳ δίκας ἔλαχον ἐπιτροπῆς ἀποστερηθεὶς ἁπάντων τῶν ὄντων. γενομένης δέ μοι τῆς δίκης πρὸς τοῦτον πρῶτον, ἐπέδειξα σαφῶς τοῖς δικάζουσιν, ὥσπερ ὑμῖν ἐπιδείξω, πάνθʼ ὅσʼ ἡμῖν κατελείφθη χρήματʼ ἀπεστερηκότα τοῦτον μετʼ ἐκείνων, οὐ καταψευδομαρτυρησάμενος.
7. Here is a clear proof of this. A host of depositions was read at the trial, some of the deponents declaring that they had given to the plaintiff property of mine, others that he had received such property in their presence, still others that they had purchased goods from him, and paid him the price; yet he has charged not a single one of these with bearing false testimony. He has dared to attack this one piece of testimony, and it alone, although in it he cannot show that there was mention even of one single drachma.
7. τεκμήριον δὲ μέγιστον· μαρτυριῶν γὰρ πλέον ἢ πάνυ πολλῶν τῶν ἁπασῶν ἀναγνωσθεισῶν ἐπὶ τῇ δίκῃ, καὶ τούτων τῶν μὲν ὡς ἔδοσάν τι τούτῳ τῶν ἐμῶν καταμαρτυρουσῶν, τῶν δʼ ὡς παρῆσαν κομιζομένῳ, τῶν δʼ ὡς πριάμενοι παρὰ τούτου τούτῳ τὰς τιμὰς διέλυσαν, οὐδʼ ᾗ τινι τούτων τῶν ψευδομαρτυρίων ἐπεσκήψατο, οὐδὲ τετόλμηκεν διώκειν ἀλλʼ ἢ ταύτην μίαν οὖσαν, ἐν ᾗ δραχμὴν οὐκ ἂν ἔχοι δεῖξαι μεμαρτυρημένην.
8. And yet for the computation of the sums of which I had been robbed, I relied not so much on this man’s testimony, for there was no mention of money in it, but on the several statements of the others, against whom the plaintiff has made no charges. Therefore the jurymen who at that time heard my plea, not only found him guilty, but fixed the damages at the full amount stated in my complaint. Why was it, then, that he passed over the other witnesses and sued the defendant alone? I will tell you.
8. καίτοι τό γε τίμημα τῶν χρημάτων ὧν ἀπεστερήμην, οὐκ ἐκ ταύτης συντιθεὶς ἐλογιζόμην τοσοῦτον (οὐ γὰρ ἔνεστʼ ἀργύριον), ἀλλʼ ἐξ ἐκείνων καθʼ ἕκαστα τιθείς, αἷς οὗτος οὐκ ἐπεσκήψατο. ὅθεν οἱ τότʼ ἀκούσαντες οὐ μόνον αὐτοῦ κατέγνωσαν, ἀλλὰ καὶ τῶν ἐπιγεγραμμένων ἐτίμησαν. τίνος οὖν ἕνεκʼ ἐκείνας μὲν εἴασε, τῇδε δʼ ἐπεσκήψατο; ἐγὼ καὶ τοῦτο διδάξω.
9. In regard to all the witnesses who testified that he had received the money, he knew that the more discussion there should be over each separate point, the more convincingly would he be convicted of possessing it, and this was bound to be the case in a trial for false witness; for the accusations which I then made along with all the others in a small part of the time allotted me, I should now discuss severally and in detail in the time of an entire speech;
9. τῶν μαρτυριῶν ὅσαι μὲν αὐτοῦ χρήματʼ ἔχειν κατεμαρτύρουν, ᾔδει σαφῶς ὅτι τοσούτῳ μᾶλλον ἐξελεγχθήσεται ταῦτʼ ἔχων, ὅσῳ πλείων λόγος δοθήσεται καθʼ ἓν περὶ ἑκάστου. τοῦτο δʼ ἔμελλεν ἐν τῇ τῶν ψευδομαρτυρίων ἔσεσθαι κρίσει· ὃ γὰρ τότʼ ἐν μικρῷ μέρει τινὶ τοῦ παντὸς ὕδατος μετὰ τῶν ἄλλων κατηγορήσαμεν, νῦν πρὸς ἅπαν τὸ ὕδωρ αὐτὸ καθʼ αὑτὸ διδάξειν ἐμέλλομεν.
10. whereas, if he attacked an answer given, he thought that as he had made an admission before, so now it would be in his power to make a denial. That is the reason why he attacks the testimony of this witness, the truth of whose testimony I mean to prove conclusively to you all, not on the basis of probabilities, or of arguments made up to fit the occasion, but by reasoning which, I am sure, will approve itself to you all as just and fair. Listen, and judge.
10. ἀποκρίσει δʼ ἐπισκηψάμενος ἐνόμιζεν, ὥσπερ τόθʼ ὡμολόγησεν, οὕτω πάλιν ἔξαρνος γενέσθαι ταῦτʼ ἐφʼ ἑαυτῷ γενήσεσθαι. διὰ ταῦτα τήνδε διώκει. βούλομαι δὴ ταύτην, ὡς ἔστιν ἀληθής, ἐπιδεῖξαι σαφῶς πᾶσιν ὑμῖν, οὐκ ἐξ εἰκότων οὐδὲ λόγων πρὸς τὸ παρὸν μεμηχανημένων, ἀλλʼ ἐκ τοῦ παρὰ πᾶσιν ὑμῖν δόξοντος, ὡς ἐγὼ νομίζω, δικαίου. σκοπεῖτε δʼ ἀκούσαντες.
11. I knew, men of the jury, that I should find the whole contest centring about the deposition inserted in the record, and that it would be regarding the truth or falsehood of this that you would cast your votes, and I therefore determined that the first step for me to take was to offer Aphobus a challenge. What, then, did I do? I offered to surrender to him for examination by torture a slave who knew how to read and write, and who had been present when Aphobus made the admission in question, and who wrote down the statement of the witness. This man had been ordered by me not to use any fraud or trickery, nor to write down some and suppress others of the statements made by the plaintiff regarding the matters at issue, but simply to write the absolute truth, and what Aphobus actually said.
11. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, περὶ τῆς μαρτυρίας τῆς ἐν τῷ γραμματείῳ γεγραμμένης εἰδὼς ὄντα μοι τὸν ἀγῶνα, καὶ περὶ τούτου τὴν ψῆφον ὑμᾶς οἴσοντας ἐπιστάμενος, ᾠήθην δεῖν μηδὲν ἄλλο τούτου πρότερον ἢ τοῦτον προκαλούμενος ἐλέγξαι. καὶ τί ποιῶ; παραδοῦναι παῖδʼ ἤθελον αὐτῷ γράμματʼ ἐπιστάμενον βασανίζειν, ὃς παρῆν ὅθʼ ὡμολόγει ταῦθʼ οὗτος, καὶ τὴν μαρτυρίαν ἔγραφεν, οὐδὲν ὑφʼ ἡμῶν κελευσθεὶς κακοτεχνεῖν, οὐδὲ τὸ μὲν γράφειν, τὸ δʼ ἀφαιρεῖν ὧν οὗτος εἰρήκει περὶ τούτων, ἀλλʼ ἁπλῶς ὑπὲρ τοῦ πάντα τἀληθῆ καὶ τὰ τούτῳ ῥηθέντα γράψαι.
12. What better opportunity could he have had of convicting us of falsehood than by putting my slave to torture? But Aphobus knew better than anyone else that the slave had borne true testimony, and therefore he declined the test. And in truth it is not one or two only who know these facts; the challenge was not made in secret, but in the midst of the agora where many were present. Call, please, the witnesses to these facts. The Witnesses The fellow is so cunning, and so ready to pretend ignorance of what is right, that, although he is pressing a suit for false witness, and although you are to cast your votes regarding this, and have sworn so to do, he refused the proffered examination by torture in regard to the testimony (the point to which he should have devoted his argument), and declares that he requires the slave to be given up for testing in regard to other matters.
12. καίτοι τί κάλλιον ἦν τοῦ τὸν παῖδα στρεβλοῦντʼ ἐλέγξαι ψευδομένους ἡμᾶς; ἀλλὰ συνῄδει πάντων μάλιστʼ ἀνθρώπων ὅτι τἀληθῆ μεμαρτύρηται· διόπερ ἔφευγε τὴν βάσανον. ἀλλὰ μὴν οὐχ εἷς οὐδὲ δύο ταῦτʼ ἴσασιν, οὐδʼ ὑπὸ μάλης ἡ πρόκλησις γέγονεν, ἀλλʼ ἐν τῇ ἀγορᾷ μέσῃ πολλῶν παρόντων. καί μοι κάλει τούτων τοὺς μάρτυρας. ΜΑΡΤΥΡΕΣ.
13. In this he is lying. Is it not indeed monstrous that he should claim that he is being outrageously treated by my refusal of his demand to have delivered to him for torture a freeman (for such I shall conclusively prove Milyas to be), and should not consider that my witnesses are being outrageously treated, when I offer him one who is admittedly a slave, to be tested by torture regarding their testimony, and he refuses? For he surely cannot maintain this, that for some matters, which he himself desires, torture is a certain test, and for others not.
13. οὕτω τοίνυν οὗτός ἐστιν σοφιστὴς καὶ σφόδρʼ ἑκὼν τὰ δίκαιʼ ἀγνοεῖν προσποιούμενος, ὥστε ψευδομαρτυρίων διώκων, καὶ περὶ τούτου τὴν ψῆφον ὑμῶν μελλόντων οἴσειν καὶ ὀμωμοκότων, περὶ τῆς μαρτυρίας μὲν ἔφευγε τὴν βάσανον, περὶ οὗ μάλιστα προσῆκεν αὐτῷ τὸν λόγον ποιεῖσθαι, περὶ δʼ ἄλλων φησὶν ἐξαιτεῖν, ψευδόμενος. καίτοι πῶς οὐχ ὑπερφυές, αὑτὸν μὲν δεινὰ πεπονθέναι φάσκειν, εἰ τὸν ἐλεύθερον ἐξαιτῶν, ὡς ἐγὼ σαφῶς ὑμῖν ἐπιδείξω, μὴ παρέλαβεν, τοὺς δὲ μάρτυρας οὐ δεινὰ πάσχειν νομίζειν, τὸν ὁμολογουμένως δοῦλον περὶ ὧν ἐμαρτύρησαν ἐκδιδόντος, οὐκ ἐθέλοντος τούτου παραλαβεῖν; οὐ γὰρ δὴ τοῦτό γʼ ἔνεστιν εἰπεῖν, ὡς περὶ μὲν τινῶν ὧν αὐτὸς βούλεται σαφὴς ἡ βάσανος, περὶ δʼ αὖ τινῶν οὐ σαφής.
15. Furthermore, men of the jury, the first witness to give this testimony was Aesius, the brother of the plaintiff. He now denies it, because he has allied himself in the suit with Aphobus; but at that time he gave this testimony along with the other witnesses, for he had no desire to perjure himself, or to suffer the penalty which would straightway follow. Surely now, if I had been getting up false testimony, I should not have put this man in my list of witnesses, seeing that he was more intimate with Aphobus than with anyone else in the world, and knowing that he was going to plead for him in the suit, and that he was an adversary of my own. It is not reasonable that one should call as witness to a false statement one who is an opponent of his own, and a brother of his adversary.
15. ἔτι τοίνυν, ὦ ἄνδρες δικασταί, ταύτην τὴν μαρτυρίαν ἐμαρτύρησεν ἁδελφὸς ὁ τούτου πρῶτος Αἴσιος, ὃς νῦν μὲν ἔξαρνός ἐστιν τούτῳ συναγωνιζόμενος, τότε δʼ ἐμαρτύρησεν ταῦτα μετὰ τῶν ἄλλων, οὔτʼ ἐπιορκεῖν οὔτʼ εὐθὺς παραχρῆμα δίκην ὀφλισκάνειν βουλόμενος. ὃν οὐκ ἂν δήπου, ψευδῆ μαρτυρίαν εἰ παρεσκευαζόμην, ἐνέγραψʼ ἂν εἰς τοὺς μάρτυρας, ὁρῶν μὲν Ἀφόβῳ χρώμενον μάλιστʼ ἀνθρώπων ἁπάντων, εἰδὼς δὲ συνεροῦντʼ αὐτῷ τὴν δίκην, ἔτι δʼ ἐμαυτοῦ ὄντʼ ἀντίδικον· οὐ γὰρ ἔχει λόγον τὸν ἑαυτοῦ διάφορον καὶ τούτου ἀδελφὸν μὴ ἀληθινῆς μαρτυρίας ἐγγράψαι μάρτυρα.
16. I have many witnesses to these facts, and circumstantial proofs no fewer in number than the witnesses. In the first place, if he did not in very truth give this testimony, he would not be denying it now, but would have done so at once in the courtroom, when the deposition was read, for it would have answered his purpose better then than now. In the second place Aesius would not have kept quiet, but would have sued me for damages, if without cause I had made him liable to a charge of bearing false witness against his brother, a charge on which men run the risk both of damages in money and the loss of citizenship.
16. τούτων τοίνυν εἰσὶ μὲν πολλοὶ μάρτυρες, ἔτι δʼ οὐκ ἐλάττω τεκμήρια τῶν μαρτύρων. πρῶτον μὲν γάρ, εἴπερ ὡς ἀληθῶς ταῦτα μὴ ἐμαρτύρησεν, οὐκ ἂν νῦν ἔξαρνος ἦν, ἀλλὰ τότʼ εὐθὺς ἐπὶ τοῦ δικαστηρίου τῆς μαρτυρίας ἀναγιγνωσκομένης, ἡνίκα μᾶλλον ἂν αὐτὸν ἢ νῦν ὠφέλει. δεύτερον δʼ οὐκ ἂν ἡσυχίαν ἦγεν, ἀλλὰ δίκην ἄν μοι βλάβης ἔλαχεν, εἰ ψευδομαρτυρίων ὑπόδικον αὐτὸν ἐποίουν κατὰ τἀδελφοῦ οὐ προσῆκον, ἐν ᾗ καὶ περὶ χρημάτων καὶ περὶ ἀτιμίας ἄνθρωποι κινδυνεύουσιν.
17. Again, in seeking to bring the truth of the matter to light, he would have demanded of me the slave who wrote the depositions, in order that, if I refused to give him up, I might seem to have no just ground for my statements. But, as it is, so far from doing anything of the sort, he refused to accept the slave for torture, when I, on his denial that he had given the evidence, offered him. So plain is it that regarding this matter too both he and Aphobus as well were alike unwilling to have recourse to torture.
17. ἔτι δὲ τὸ πρᾶγμʼ ἂν ἐξελέγξαι ζητῶν, ἐξῄτησεν ἄν με τὸν παῖδα τὸν γράφοντα τὰς μαρτυρίας, ἵνʼ εἰ μὴ παρεδίδουν, μηδὲν δίκαιον λέγειν ἐδόκουν. νῦν δὲ τοσούτου ποιῆσαί τι τούτων ἐδέησεν, ὥστʼ οὐδʼ ἐμοῦ παραδιδόντος, ἐπειδὴ ταῦτʼ ἔξαρνος ἐγένεθʼ οὗτος, παραλαβεῖν ἠθέλησεν, ἀλλʼ ὁμοίως φαίνονται καὶ περὶ τούτων φεύγοντες τὰς βασάνους.
18. To prove that my words are true, that after Aesius had given his testimony with the other witnesses, he made no denial of the fact, when, standing by the plaintiff’s side in the courtroom, he heard the deposition read, and that, when I offered the slave to them to be questioned by torture regarding all these matters, he refused to accept the offer—regarding each of these points severally I shall produce witnesses. Please call them here. The Witnesses I wish now to set forth to you, men of the jury, what I consider a stronger proof than all those that have been mentioned, to show that the plaintiff did give this answer.
18. καὶ ταῦθʼ ὡς ἀληθῆ λέγω, καὶ ἔν τε τοῖς μάρτυσιν μεμαρτυρηκὼς [Αἴσιος] οὐκ ἠρνήθη ταῦτʼ ἐπὶ τοῦ δικαστηρίου τούτῳ παρεστηκὼς τῆς μαρτυρίας ἀναγιγνωσκομένης, ἐμοῦ τʼ ἐκδιδόντος τὸν παῖδα περὶ ἁπάντων τούτων βασανίζειν αὐτοῖς οὐκ ἠθέλησε παραλαβεῖν, καθʼ ἕκαστον ὑμῖν παρέξομαι τοὺς μάρτυρας. καί μοι κάλει δεῦρʼ αὐτούς. ΜΑΡΤΥΡΕΣ.
19. When, despite the admissions which he is proved to have made, he demanded of me Milyas for torture, I was so eager to show on the spot that this, too, was a subterfuge on his part, that what do you think I did?
19. ὃ τοίνυν, ὦ ἄνδρες δικασταί, πάντων τῶν εἰρημένων οἶμαι μέγιστον ὑμῖν ἐρεῖν σημεῖον τοῦ ταῦτʼ ἀποκρίνασθαι τοῦτον, βούλομαι διελθεῖν. ἐπειδὴ γὰρ ἐξῄτει με τὸν ἄνθρωπον ταῦθʼ ὡμολογηκὼς ἃ μεμαρτύρηται, βουλόμενος καὶ τότʼ αὐτὸν ἐξελέγξαι τεχνάζοντα τί ποιῶ;
20. I summoned Aphobus to give evidence against Demo, his uncle and a partner in his crimes. I wrote out the testimony which he now attacks as false and ordered him to make a deposition to it. At first he brazenly refused, but when the arbitrator bade him depose, or deny the fact under oath, he deposed, sorely against his will. And yet if the man was a slave, and had not been already admitted by Aphobus here to be free, what in the world induced him to make this deposition? Why did he not deny it on oath, and so get free of the affair?
20. προσκαλοῦμαι κατὰ Δήμωνος εἰς μαρτυρίαν, ὄντος αὐτῷ θείου καὶ κοινωνοῦ τῶν ἀδικημάτων, καὶ συγγράψας ταῦτʼ ἐκέλευον μαρτυρεῖν, ἃ νῦν διώκει τῶν ψευδομαρτυρίων. οὗτος δὲ τὸ μὲν πρῶτον ἀπηναισχύντει, τοῦ δὲ διαιτητοῦ κελεύοντος μαρτυρεῖν ἢ ἐξομνύειν ἐμαρτύρησεν πάνυ μόγις. καίτοι εἴ γʼ ἦν δοῦλος ἅνθρωπος καὶ μὴ προωμολόγητο πρὸς τοῦδʼ ἐλεύθερος εἶναι, τί μαθὼν ἐμαρτύρησεν, ἀλλʼ οὐκ ἐξομόσας ἀπηλλάγη τοῦ πράγματος;
21. Pray note that in regard to this matter also I was ready to give over to him for torture the slave who had written the deposition, who would know his own handwriting, and who clearly remembered that Aphobus had made the deposition. I was ready to do this, not for want of witnesses who were present, for there were some; but in order that he might not accuse these men of giving false testimony, and that the result of the torture might support them. Yet it is not fair to condemn the witnesses on his account. They alone of men who have as yet stood trial before you can show that the plaintiff himself has borne witness to their testimony as to these matters. To prove that I am speaking the truth, take the challenge and the deposition. The Challenge. The Deposition Such are the legal tests which he has refused, and so numerous the proofs by which he is shown to be acting with malice and insincerity; yet he demands that you put credence in his own witnesses, and he slanders mine, and declares that their testimony is false.
21. ἀλλὰ μὴν καὶ περὶ τούτων ἤθελον παραδοῦναι τὸν παῖδα τὸν γράφοντα τὴν μαρτυρίαν, ὃς τά τε γράμματʼ ἔμελλεν γνώσεσθαι τὰ ἑαυτοῦ καὶ τοῦτον ἐμνημόνευεν ἀκριβῶς μαρτυρήσαντα ταῦτα. καὶ ταῦτʼ ἤθελον οὐχὶ μαρτύρων ἀπορῶν οἳ παρῆσαν (ἦσαν γάρ), ἀλλʼ ἵνα μὴ τούτους αἰτιῷτο τὰ ψευδῆ μαρτυρεῖν, ἀλλὰ τὸ πιστὸν ἐκ τῆς βασάνου τούτοις ὑπάρχοι. καίτοι πῶς ἄξιόν ἐστι καταγνῶναι τῶν μαρτύρων διὰ τοῦτο, οἳ μόνοι τῶν πώποτʼ ἠγωνισμένων δίκην ἐν ὑμῖν τὸν διώκοντʼ αὐτὸν αὑτοῖς μάρτυρα τούτων ἐπιδεικνύουσιν γεγενημένον; ἀλλὰ μὴν ὡς ἀληθῆ λέγω, λαβὲ τὴν πρόκλησιν καὶ τὴν μαρτυρίαν. ΠΡΟΚΛΗΣΙΣ. ΜΑΡΤΥΡΙΑ.
22. I wish now to speak of the matter on the basis of probabilities. I am certain that you would all agree that those who give false testimony are led to do so by bribes through stress of poverty, or by friendship, or else by enmity toward the opposite party in the suit.
22. τηλικαῦτα τοίνυν δίκαια φυγὼν οὗτος, καὶ ἐκ τοσούτων τεκμηρίων ἐπιδεικνύμενος ὅτι συκοφαντεῖ, τοῖς μὲν αὑτοῦ μάρτυσιν ἀξιοῖ πιστεύειν ὑμᾶς, τοὺς δʼ ἐμοὺς διαβάλλει καί φησιν οὐ τἀληθῆ μαρτυρεῖν. βούλομαι δὴ καὶ ἐκ τῶν εἰκότων περὶ αὐτῶν εἰπεῖν. οἶδʼ οὖν ὅτι πάντες ἂν ὁμολογήσαιτε τοὺς τὰ ψευδῆ μαρτυροῦντας ἢ κέρδεσιν διʼ ἀπορίαν ἐπαιρομένους ἢ διʼ ἑταιρίαν ἢ καὶ διʼ ἔχθραν τῶν ἀντιδίκων ἐθέλειν ἄν τι τοιοῦτον ποιῆσαι.
23. Now no one of these reasons would have led the men to testify in my favor. Not friendship; how could that be, seeing that they are not engaged in the same pursuits, nor are they of like age, I will not say with me, but with one another? Not enmity against my adversary, that is plain; for one of them is his brother and pleads on his side; Phanus is a close friend and a member of the same tribe; and Philip is neither friend nor enemy, so that this motive, too, cannot be justly charged against them.
23. τούτων τοίνυν οὐδὲ διʼ ἓν ἂν εἶεν ἐμοὶ μεμαρτυρηκότες. οὔτε γὰρ ἑταιρίᾳ (πῶς γάρ; οἵ γε μήτʼ ἐν ταῖς αὐταῖς διατριβαῖς μήτε καθʼ ἡλικίαν, μὴ ὅτι ἐμοί τινες αὐτῶν, ἀλλʼ οὐδὲ σφίσιν αὐτοῖς εἰσίν), οὔτʼ ἔχθρᾳ τούτου· φανερὸν γὰρ καὶ τοῦτʼ ἔστιν· ὁ μὲν γὰρ ἀδελφὸς καὶ σύνδικος, Φᾶνος δʼ ἐπιτήδειος καὶ φυλέτης, Φίλιππος δʼ οὔτε φίλος οὔτʼ ἐχθρός, ὥστʼ οὐδὲ ταύτην ἄν τις ἐπενέγκοι δικαίως τὴν αἰτίαν.
24. Furthermore, no one could say that poverty was the ground, for they all possess means so ample that they willingly assume the expense of public services, and discharge whatever duties are laid upon them. Besides all this, they are well known to you, and you know nothing to their discredit; for they are worthy citizens. Yet, if they are not poor, nor enemies of the plaintiff, nor friends of mine, how can it be right to suspect them of bearing false witness? I certainly do not know.
24. καὶ μὴν οὐδὲ διʼ ἀπορίαν ἄν τις φήσειεν· πάντες γὰρ κέκτηνται τοσαύτην οὐσίαν ὥστε καὶ λῃτουργεῖν ὑμῖν προθύμως καὶ τὰ προσταττόμενα ποιεῖν. χωρὶς δὲ τούτων οὔτʼ ἀγνῶτες ὑμῖν οὔτʼ ἐπὶ τὰ χείρω γιγνωσκόμενοι, μέτριοι δʼ ὄντες ἄνθρωποι. καίτοι εἰ μήτʼ ἄποροι μήτʼ ἐχθροὶ τούτου μήτʼ ἐμοὶ φίλοι, πῶς χρὴ κατὰ τούτων λαβεῖν τινʼ ὑποψίαν ὡς τὰ ψευδῆ μαρτυροῦσιν; ἐγὼ μὲν γὰρ οὐκ οἶδα.
25. My opponent was aware of all this, and knew better than anybody else that their testimony was true, but nonetheless he brings forward a malicious charge against them, and not only declares that he did not make the statement which I have proved in the most conclusive manner that he did make, but even asserts that the man, Milyas, is in fact a slave. I wish in a very few words to prove that in this, too, he is lying. I was ready, men of the jury, regarding this point also to give over to him to be tested by torture my female slaves, who remember that my father on his death-bed set this man free.
25. ταῦτα τοίνυν οὗτος εἰδώς, καὶ πάντων μάλιστʼ ἐπιστάμενος τἀληθῆ μεμαρτυρηκότας αὐτούς, ὅμως συκοφαντεῖ καί φησιν οὐ μόνον οὐκ εἰπεῖν ταῦτα, ἃ πῶς τις ἂν μᾶλλον ἐξελέγξειεν εἰρηκότα; ἀλλὰ καὶ δοῦλον εἶναι τὸν ἄνθρωπον τῷ ὄντι. βούλομαι δὲ διὰ βραχέων εἰπὼν πρὸς ὑμᾶς ἐξελέγξαι καὶ ταῦτʼ αὐτὸν ψευδόμενον. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, καὶ περὶ τούτων ἠθέλησα τούτῳ παραδοῦναι βασανίζειν τὰς θεραπαίνας, αἳ τελευτῶντος τοῦ πατρὸς μνημονεύουσιν ἀφεθέντα τοῦτον ἐλεύθερον εἶναι τότε.
26. Besides this, my mother was ready to call to her side my sister and myself, and swear, with imprecations on our heads if she spoke falsely—we were her only children, and it was for our sakes that she gave herself up to a life of widowhood—that my father when he was about to die had set this man free, and that Milyas was regarded by us as free thereafter. Let no one of you assume that she would have been willing to make this oath with imprecations on our heads if she had not known well that what she was to swear to was true. Come now, to prove that I am speaking the truth and that we were ready to do these things, call the witnesses thereto. The Witnesses So many were the just arguments we had to urge, and so ready were we to have recourse to the most infallible tests regarding the testimony given; and yet the plaintiff evades all these, and fancies that by slandering me regarding the trial which has already taken place, and bringing accusations against me, he can induce you to convict the witness,—a piece of trickery the most unfair and the most rapacious imaginable.
26. καὶ πρὸς τούτοις ἡ μήτηρ κατʼ ἐμοῦ καὶ τῆς ἀδελφῆς, οἳ μόνοι παῖδές ἐσμεν αὐτῇ, διʼ οὓς κατεχήρευσε τὸν βίον, πίστιν ἤθελεν ἐπιθεῖναι παραστησαμένη, τὸν ἄνθρωπον τοῦτον ἀφεῖναι τὸν πατέρʼ ἡνίκʼ ἐτελεύτα, καὶ νομίζεσθαι παρʼ ἡμῖν τοῦτον ἐλεύθερον· ἣν μηδεὶς ὑμῶν νομιζέτω καθʼ ἡμῶν ποτʼ ἂν ὀμνύναι ταῦτʼ ἂν ἐθέλειν, εἰ μὴ σαφῶς ᾔδει τὰ εὔορκʼ ὀμουμένη. ἀλλὰ μὴν ὡς ἀληθῆ λέγω καὶ ταῦτʼ ἦμεν ἕτοιμοι ποιεῖν, κάλει τούτων τοὺς μάρτυρας. ΜΑΡΤΥΡΕΣ. τοσαῦτα τοίνυν δίκαια λέγειν ἐχόντων ἡμῶν καὶ καταφεύγειν εἰς τοὺς μεγίστους ἐλέγχους ἐθελόντων περὶ τῶν μεμαρτυρημένων, πάντα ταῦτα φυγὼν οὗτος οἴεται, περὶ τῆς γεγενημένης δίκης διαβάλλων καὶ κατηγορῶν ἐμοῦ, τοῦ μάρτυρος ὑμᾶς πείσειν καταψηφίσασθαι, πάντων οἶμαι πρᾶγμα κατασκευάσας ἀδικώτατον καὶ πλεονεκτικώτατον.
28. For he has himself suborned men to bear false witness about these matters, having as co-workers his brother-in-law Onetor, and Timocrates; we had no forewarning of this, and supposed that the contest would be regarding the deposition alone, and therefore have not come prepared with witnesses regarding the guardianship accounts. Nevertheless, despite the fellow’s trickery, I think that, simply by reciting the facts, I shall easily convince you that no man was ever more justly convicted than he.
28. αὐτὸς μὲν γὰρ μάρτυρας ψευδεῖς παρεσκεύασται περὶ τούτων, συγχορηγὸν ἔχων Ὀνήτορα τὸν κηδεστὴν καὶ Τιμοκράτην· ἡμεῖς δʼ οὐχὶ προειδότες, ἀλλʼ ὑπὲρ αὐτῆς τῆς μαρτυρίας ἡγούμενοι τὸν ἀγῶνʼ ἔσεσθαι, τοὺς περὶ τῶν ἐκ τῆς ἐπιτροπῆς χρημάτων μάρτυρας οὐ παρεσκευάσμεθα νῦν. ὅμως δέ, καίπερ οὕτως τούτου σεσοφισμένου, τὰ πράγματʼ αὐτὰ διεξιὼν οἶμαι ῥᾳδίως ὑμῖν ἐπιδείξειν δικαιότατʼ ἀνθρώπων τοῦτον ὠφληκότα τὴν δίκην, οὐχ ὅτι τὸν Μιλύαν ἐκώλυον βασανίζειν, οὐδʼ ὅτι τοῦτον ἐλεύθερον ὡμολόγησεν, οἱ δὲ μάρτυρες οἵδʼ ἐμαρτύρησαν, ἀλλʼ ὅτι πολλὰ τῶν ἐμῶν ἐξηλέγχθη λαβὼν καὶ τὸν οἶκον οὐκ ἐμίσθωσεν τῶν νόμων κελευόντων καὶ τοῦ πατρὸς ἐν τῇ διαθήκῃ γράψαντος, ὡς ἐγὼ σαφῶς ὑμῖν ἐπιδείξω·
29. It was not because I refused to allow Milyas to be put to the torture, nor because he himself admitted the man to be a freeman, nor yet because these witnesses gave their testimony; but because he was proved to have taken possession of large sums belonging to me, and because he did not let the estate, though the laws so ordered and my father had so directed in his will, as I shall plainly show you. For these were things that anyone could see, the laws, namely, and the amount of my property which these men had taken as plunder; but as for Milyas, nobody knew even who he was. You will see from the charges brought against Aphobus that these things are so. For, men of the jury, when I instituted my suit against him concerning his guardianship, I did not fix the damages at a lump sum, as one bringing forward a baseless charge out of malice would have done, but specified each item, stating the source of each, the precise amount, and the person from whom it had been received. In no case did I add mention of Milyas as having knowledge of any of these matters.
29. ταῦτα μὲν γὰρ ἦν πᾶσιν ἰδεῖν, οἱ νόμοι καὶ τὸ πλῆθος ὧν οὗτοι διηρπάκεσαν χρημάτων· τὸν Μιλύαν δʼ οὐδʼ ὅστις ἔστιν οὐδεὶς ᾔδει. γνώσεσθε δʼ ἐκ τῶν ἐγκεκλημένων ὅτι ταῦθʼ οὕτως ἔχοντʼ ἐστίν. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, τὴν δίκην ἔλαχον τούτῳ τῆς ἐπιτροπῆς οὐχ ἓν τίμημα συνθείς, ὥσπερ ἂν εἴ τις συκοφαντεῖν ἐπιχειρῶν, ἀλλʼ ἕκαστον ἐγγράψας καὶ πόθεν λαβὼν καὶ πόσον τὸ πλῆθος καὶ παρὰ τοῦ, καὶ οὐδαμοῦ τὸν Μιλύαν παρέγραψʼ ὡς εἰδότα τι τούτων.