1. There is no situation harder to deal with, men of the jury, than when a man possessing both reputation and ability to speak is audacious enough to lie and is well provided with witnesses. For it becomes necessary for the defendant, no longer to speak merely about the facts of the case, but about the character of the speaker as well, and to show that he ought not to be believed on account of his reputation.
1. οὐκ ἔστιν χαλεπώτερον οὐδέν, ὦ ἄνδρες δικασταί, ἢ ὅταν ἄνθρωπος δόξαν ἔχων καὶ δυνάμενος εἰπεῖν τολμᾷ ψεύδεσθαι καὶ μαρτύρων εὐπορῇ. ἀνάγκη γάρ ἐστιν τῷ φεύγοντι μηκέτι περὶ τοῦ πράγματος μόνον λέγειν, ἀλλὰ καὶ περὶ αὐτοῦ τοῦ λέγοντος, ὡς οὐκ εἰκὸς αὐτῷ διὰ τὴν δόξαν πιστεύειν.
2. If you are to establish the custom, that those who are able speakers and who enjoy a reputation are more to be believed than men of less ability, it will be against yourselves that you will have established this custom. I beg you therefore, if you ever decided any other case upon its merits, without becoming partisans of either side, whether the plaintiff’s or the defendant’s, but looking to justice alone, to decide the present case upon these principles. And I shall set forth the facts to you from the beginning.
2. εἰ γὰρ ἔθος καταστήσετε τοῖς δυναμένοις εἰπεῖν καὶ δόξαν ἔχουσι μᾶλλον πιστεύειν ἢ τοῖς ἀδυνατωτέροις, ἐφʼ ὑμῖν αὐτοῖς ἔσεσθε τὸ ἔθος τοῦτο κατεσκευακότες. δέομαι οὖν ὑμῶν, εἴπερ τι καὶ ἄλλο πώποτε πρᾶγμα αὐτὸ καθʼ αὑτὸ ἐδικάσατε, μηδὲ μεθʼ ἑτέρων τὴν γνώμην γενόμενοι, μήτε μετὰ τῶν διωκόντων μήτε μετὰ τῶν φευγόντων, ἀλλὰ τὸ δίκαιον σκεψάμενοι, οὕτω καὶ νῦν διαγνῶναι. ἐξ ἀρχῆς δʼ ὑμῖν διηγήσομαι.
3. Lycon, the Heracleote, men of the jury, of whom the plaintiff himself makes mention, was a customer of my father’s bank like the other merchants, a guest friend of Aristonoüs of Decelea and Archebiades of Lamptrae, and a man of prudence. This Lycon, when he was about to set out on a voyage to Libya, reckoned up his account with my father in the presence of Archebiades and Phrasias, and ordered my father to pay the money which he left (it was sixteen minae forty drachmae, as I shall show you very clearly) to Cephisiades, saying that this Cephisiades was a partner of his, a resident of Scyros, but was for the time being abroad on another mercantile enterprise.
3. Λύκων γὰρ ὁ Ἡρακλεώτης, ὦ ἄνδρες δικασταί, οὗτος ὃν καὶ αὐτὸς λέγει, τῇ τραπέζῃ τῇ τοῦ πατρὸς ἐχρῆτο, ὥσπερ καὶ οἱ ἄλλοι ἔμποροι, ξένος μὲν ὢν Ἀριστόνῳ τῷ Δεκελεῖ καὶ Ἀρχεβιάδῃ τῷ Λαμπτρεῖ, ἄνθρωπος δέ τις σώφρων. οὗτος ἐπειδὴ ἐκπλεῖν ἔμελλεν εἰς τὴν Λιβύην, διαλογισάμενος πρὸς τὸν πατέρα τὸν ἐμὸν ἐναντίον Ἀρχεβιάδου καὶ Φρασίου προσέταξεν τὸ ἀργύριον ὃ κατέλειπεν (ἦν δὲ τοῦτο ἑκκαίδεκα μναῖ καὶ τετταράκοντα δραχμαί, ὡς ἐγὼ ὑμῖν πάνυ ἀκριβῶς ἐπιδείξω) Κηφισιάδῃ ἀποδοῦναι, λέγων ὅτι κοινωνὸς εἴη αὑτοῦ ὁ Κηφισιάδης οὗτος, οἰκήτωρ μὲν ὢν ἐν Σκίρῳ, ἐν δὲ τῷ παρόντι ἐφʼ ἑτέρᾳ ἀποδημῶν ἐμπορίᾳ.
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.
4. δεῖξαι δʼ αὐτὸν τῷ πατρὶ τῷ ἐμῷ καὶ συστῆσαι τῷ Ἀρχεβιάδῃ καὶ τῷ Φρασίᾳ προσέταξεν, ἐπειδὴ ἥκοι ἐκ τῆς ἀποδημίας. εἰώθασι δὲ πάντες οἱ τραπεζῖται, ὅταν τις ἀργύριον τιθεὶς ἰδιώτης ἀποδοῦναί τῳ προστάττῃ, πρῶτον τοῦ θέντος τοὔνομα γράφειν καὶ τὸ κεφάλαιον τοῦ ἀργυρίου, ἔπειτα παραγράφειν τῷ δεῖνι ἀποδοῦναι δεῖ, καὶ ἐὰν μὲν γιγνώσκωσι τὴν ὄψιν τοῦ ἀνθρώπου ᾧ ἂν δέῃ ἀποδοῦναι, τοσοῦτο μόνον ποιεῖν, γράψαι ᾧ δεῖ ἀποδοῦναι, ἐὰν δὲ μὴ γιγνώσκωσι, καὶ τούτου τοὔνομα προσπαραγράφειν ὃς ἂν μέλλῃ συστήσειν καὶ δείξειν τὸν ἄνθρωπον, ὃν ἂν δέῃ κομίσασθαι τὸ ἀργύριον.
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.”
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, ἵνʼ εἰδῶ εἴ τι καταλέλοιπεν ἀργύριον· ἐξ ἀνάγκης γάρ μοί ἐστιν ἁπάντων Ἡρακλεωτῶν ἐπιμελεῖσθαι.
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.
6. ἀκούσας δʼ 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.
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. The Depositions That all I have told you is true, men of the jury, you have learned from the depositions.
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. ΜΑΡΤΥΡΙΑΙ.
8. 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?”— (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.
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;
9. 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.”
9. (καὶ μὰ τὸν Δία καὶ τὸν Ἀπόλλω καὶ τὴν Δήμητρα, οὐ ψεύσομαι πρὸς ὑμᾶς, ὦ ἄνδρες δικασταί, ἀλλʼ ἃ τοῦ πατρὸς ἤκουον, διηγήσομαι ὑμῖν.) ἔξεστί σοι ἔφη ἐμέ τε εὖ ποιῆσαι καὶ αὐτὸν μηδὲν βλαβῆναι. προξενῶν μὲν γὰρ τυγχάνω τῶν Ἡρακλεωτῶν, βούλοιο δʼ 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.
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.”
10. πρὸς δὲ τούτῳ, ἐπειδὴ εἰς Ἄργος κατήχθη τετρωμένος, τῷ προξένῳ τῶν Ἡρακλεωτῶν τῷ Ἀργείῳ Στραμμένῳ τὰ χρήματα δέδωκεν ἃ κατήχθη μετʼ 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 ἀμφισβητῶ, ἂν ἄρα ἔλθῃ ὁ Κηφισιάδης. εἰ δʼ ἄρα ἀπείληφεν, λέγε ὅτι ἐγὼ μάρτυρας ἔχων ἠξίουν ἐμφανῆ καταστῆσαι τὰ χρήματα ἢ τὸν κεκομισμένον, καὶ εἴ τίς με βούλεται ἀφελέσθαι, πρόξενον ὄντα ἀφαιρεθῆναι.
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.”
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 ʼθέλωσι ταῦτα ποιεῖν εἰπόντος ἐμοῦ, αὐτὸς ἤδη διαλέγου αὐτοῖς. ἀμέλει, ἔφη οὗτος, ὦ Πασίων, ἐὰν βούλῃ σύ, ἀναγκάσεις αὐτοὺς ταῦτα ποιῆσαι.
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.
12. ἃ μὲν διελέχθη, ὦ ἄνδρες δικασταί, οὗτος μὲν τῷ πατρί, ἐκεῖνος δὲ τῷ Ἀρχεβιάδῃ καὶ τῷ Κηφισιάδῃ τούτου δεηθέντος καὶ τούτῳ χαριζόμενος, ταῦτʼ 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.
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, 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.
13. οὗτος δὲ ὁ ἀξιῶν ὑφʼ 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, ἐπειδὴ ᾔσθετο ἀδυνάτως ἤδη ἔχοντα τὸν πατέρα καὶ μόγις εἰς ἄστυ ἀναβαίνοντα καὶ τὸν ὀφθαλμὸν αὐτὸν προδιδόντα, λαγχάνει αὐτῷ δίκην, οὐ μὰ Δίʼ οὐχ ὥσπερ νῦν ἀργυρίου, ἀλλὰ βλάβης, ἐγκαλέσας βλάπτειν ἑαυτὸν ἀποδιδόντα Κηφισιάδῃ τὸ ἀργύριον, ὃ κατέλιπε Λύκων ὁ Ἡρακλεώτης παρʼ αὐτῷ, ἄνευ αὑτοῦ ὁμολογήσαντα μὴ ἀποδώσειν. λαχὼν δὲ παρὰ μὲν τοῦ διαιτητοῦ ἀνείλετο τὸ γραμματεῖον, προὐκαλέσατο δʼ αὐτὸν ἐπιτρέψαι Λυσιθείδῃ, αὑτοῦ μὲν καὶ Ἰσοκράτους καὶ Ἀφαρέως ἑταίρῳ, γνωρίμῳ δὲ 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.
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, ἀπέσχετʼ ἂν μὴ οὐκ εὐθὺς τοῦ πατρὸς καταδιαιτῆσαι, αὐτοῦ γε ἑαυτῷ μὴ ʼθέλοντος δικαστοῦ γενέσθαι τοῦ πατρός.
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. The Witnesses 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.
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, ἀλλʼ 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. ΜΑΡΤΥΡΕΣ.
17. 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,— that, namely, I believed that my father never agreed to pay the plaintiff the money which Lycon left, and that the plaintiff was not introduced to my father by Lycon; and Phormion was ready to swear that in very truth he had himself reckoned up the amount with Lycon in the presence of Archebiades, and that instructions were given him to pay the money to Cephisiades, and that Archebiades had identified Cephisiades for him;
17. ὅτι μὲν οὐ προκαλεσάμενος εἰς ὅρκον τὸν πατέρα τότε, νυνὶ ἐκείνου τετελευτηκότος καταψεύδεται, καὶ κατʼ 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, μὴ δοκεῖν μοι μήτε ὁμολογῆσαι τὸν πατέρα τούτῳ ἀποδώσειν τὸ ἀργύριον ὃ κατέλιπε Λύκων, μήτε συσταθῆναι αὐτὸν τῷ πατρὶ ὑπὸ τοῦ Λύκωνος, καὶ Φορμίων, ἦ μὴν διαλογίσασθαί τε ἐναντίον Ἀρχεβιάδου τῷ Λύκωνι αὐτὸς καὶ προσταχθῆναι αὑτῷ Κηφισιάδῃ ἀποδοῦναι τὸ ἀργύριον, τὸν δὲ Κηφισιάδην δεῖξαι αὑτῷ τὸν Ἀρχεβιάδην,
19. also that when Callippus came for the first time to the bank, saying that Lycon was dead and that he, Callippus, claimed the right to inspect the books to see whether the Heracleote had left any money, he, Phormion, had at once shown him the books, and that Callippus, after seeing the entry that payment was to be made to Cephisiades, went away in silence, without filing any counterclaim or making any protest to him about the payment of the money—in proof of all these matters the clerk shall read you the depositions which establish both facts, and also the law. The Depositions. The Law Now, men of the jury, I shall show you that Lycon had no dealings with Callippus; for I think this will be something to confound the impudent assurance of this man, who asserts that this money was given to him by Lycon as a present.
19. καὶ ὅτε Κάλλιππος προσῆλθεν τὸ πρῶτον πρὸς τὴν τράπεζαν, λέγων ὅτι τετελευτηκὼς εἴη ὁ Λύκων καὶ αὐτὸς ἀξιοίη τὰ γράμματα ἰδεῖν, εἴ τι καταλελοιπὼς εἴη ὁ ξένος ἀργύριον, ἦ μὴν δείξαντος ἑαυτοῦ εὐθὺς αὐτῷ τὰ γράμματα, ἰδόντα αὐτὸν τῷ Κηφισιάδῃ γεγραμμένον ἀποδοῦναι, σιωπῇ οἴχεσθαι ἀπιόντα, οὐδὲν οὔτε ἀμφισβητήσαντα οὔτʼ ἀπειπόνθʼ αὑτῷ περὶ τοῦ ἀργυρίου, τούτων ὑμῖν τάς τε μαρτυρίας ἀμφοτέρας καὶ τὸν νόμον ἀναγνώσεται. ΜΑΡΤΥΡΙΑΙ. ΝΟΜΟΣ.
20. Lycon had lent to Megacleides of Eleusis and his brother Thrasyllus the sum of forty minae for a voyage to Acê but, when they changed their minds and decided not to risk the voyage to that point, Lycon, after making some complaints against Megacleides regarding the interest, and believing that he had been deceived, quarrelled with him and went to law for the purpose of recovering his loan.
20. φέρε δὴ ὑμῖν, ὦ ἄνδρες δικασταί, ὡς οὐδʼ ἐχρῆτο Λύκων τῷ Καλλίππῳ ἐπιδείξω· οἶμαι γάρ τί μοι καὶ τοῦτο εἶναι πρὸς τὴν ἀλαζονείαν τὴν τουτουὶ τοῦ φάσκοντος αὑτῷ δωρεὰν δοθῆναι τὸ ἀργύριον τοῦτο παρὰ τοῦ Λύκωνος. ἐκεῖνος γὰρ τετταράκοντα μνᾶς ἔκδοσιν ἐκδοὺς εἰς Ἄκην Μεγακλείδῃ τῷ Ἐλευσινίῳ καὶ Θρασύλλῳ τῷ ἀδελφῷ αὐτοῦ, μεταδόξαν αὐτῷ μὴ ἐκεῖσε πλεῖν μηδὲ κινδυνεύειν, ἐγκαλέσας τι τῷ Μεγακλείδῃ περὶ τῶν τόκων ὡς ἐξηπατημένος διεφέρετο καὶ ἐδικάζετο, βουλόμενος τὴν ἔκδοσιν κομίσασθαι.
21. The proceedings were prolonged, as so large a sum was at stake, yet Lycon never at any time called in Callippus for consultation; he sought the aid of Archebiades and the friends of Archebiades, and it was Archebiades who brought about a settlement between them. To prove that I am speaking the truth, I shall bring before you Megacleides himself as a witness to these facts. Deposition You see, men of the jury, how intimate Lycon was with Callippus.
21. συχνῆς δὲ πάνυ πραγματείας περὶ τοσαῦτα χρήματα γενομένης, τὸν μὲν Κάλλιππον ὁ Λύκων οὐδαμοῖ πώποτε παρεκάλεσεν, τὸν δὲ Ἀρχεβιάδην καὶ τοὺς τοῦ Ἀρχεβιάδου φίλους· καὶ ὁ διαλλάξας αὐτοὺς Ἀρχεβιάδης ἦν. ὡς δὲ ἀληθῆ λέγω, τούτων ὑμῖν αὐτὸν τὸν Μεγακλείδην μάρτυρα παρέξομαι. ΜΑΡΤΥΡΙΑ.
22. He neither called him in for consultation about his affairs, nor did he ever put up at the home of Callippus as a guest; and this very fact is the one thing to which the plaintiff’s friends have not ventured to depose, that, namely, he ever did put up at his house; for they knew well that, if they told any such lie as this, they would at once be convicted by the slaves when these were put to the torture.
22. οὑτωσὶ μὲν οἰκείως φαίνεται χρώμενος, ὦ ἄνδρες δικασταί, ὁ Λύκων τῷ Καλλίππῳ, ὥστε μήτε παρακαλεῖν αὐτὸν ἐπὶ τὰ αὑτοῦ πράγματα μήτε κατάγεσθαι ὡς τοῦτον μηδεπώποτε· καὶ αὐτό γε τοῦτο μόνον οὐ τετολμήκασιν οἱ οἰκεῖοι ⟨οἱ⟩ τούτου μαρτυρῆσαι, ὡς κατήγετο παρὰ τούτῳ ἐκεῖνος, εὖ εἰδότες ὅτι διὰ βασάνου ἐκ τῶν οἰκετῶν ὁ ἔλεγχος ἤδη ἔσοιτο, εἴ τι τοιοῦτο ψεύσοιντο.
23. But I wish to mention to you a piece of circumstantial evidence so striking, that it will, I think, convince you that Callippus has uttered nothing but a pack of lies. If Lycon, men of the jury, had been as fond of the plaintiff and as intimate with him as the plaintiff claims, and had wished to give him this money as a present in the event of anything happening to himself, would it not have been better to have left the money outright in the custody of Callippus, in which case, if he returned safe, he would have recovered it duly and justly from one who was his friend and his proxenos, and, if anything had happened to him, he would have given the money outright as he purposed?
23. βούλομαι δʼ ὑμῖν καὶ τεκμήριόν τι εἰπεῖν τηλικοῦτον, ᾧ δῆλον ὑμῖν ἔσται, ὡς ἐγὼ οἴομαι, ὅτι πάντα πρὸς ὑμᾶς ἔψευσται. τῷ γὰρ Λύκωνι, ὦ ἄνδρες δικασταί, εἴπερ ἠσπάζετο μὲν τουτονὶ καὶ οἰκείως εἶχεν, ὥσπερ οὗτός φησιν, ἐβούλετο δὲ δωρεὰν δοῦναι αὐτῷ, εἴ τι πάθοι, τὸ ἀργύριον, πότερον κάλλιον ἦν ἄντικρυς παρὰ τῷ Καλλίππῳ καταλιπεῖν τὸ ἀργύριον, ὃ ἔμελλε σωθεὶς μὲν ὀρθῶς καὶ δικαίως ἀπολήψεσθαι παρὰ φίλου γε ὄντος αὐτῷ καὶ προξένου, εἰ δέ τι πάθοι, ἄντικρυς ἔσεσθαι δεδωκώς, ὥσπερ καὶ ἐβούλετο, ἢ ἐπὶ τῇ τραπέζῃ καταλιπεῖν;
24. Would this, I ask, not have been better than leaving it in the bank? For my part, I think the former course would have been fairer and more highminded. However, he is seen to have done nothing of the kind, so you must regard this as presumptive evidence; no; he gave written and oral instructions that it was to Cephisiades that the money was to be paid.
24. ἐγὼ μὲν γὰρ οἶμαι ἐκεῖνο καὶ δικαιότερον καὶ μεγαλοπρεπέστερον εἶναι. οὐ τοίνυν φαίνεται τούτων οὐδὲν ποιήσας, ὥστε καὶ ταῦτα ὑμῖν τεκμήρια ἔστω, ἀλλὰ τῷ Κηφισιάδῃ καὶ γράψας καὶ προστάξας ἀποδοῦναι.
25. I would have you regard the following point also, men of the jury. Callippus was one of your citizens, a man able both to render a service and to do an injury, while Cephisiades was a resident alien and a person without influence; so one cannot suppose that my father would have taken the side of Cephisiades in defiance of justice rather than do what was right for the plaintiff.
25. ἔτι τοίνυν καὶ τοδὶ σκέψασθε, ὦ ἄνδρες δικασταί, ὅτι Κάλλιππος μὲν ἦν πολίτης ὑμέτερος καὶ οὐκ ἀδύνατος οὐδέτερα ποιῆσαι, οὔτε κακῶς οὔτε εὖ, ὁ δὲ Κηφισιάδης καὶ μέτοικος καὶ οὐδὲν δυνάμενος, ὥστε μὴ προσθέσθαι ἂν παρὰ τὸ δίκαιον τῷ Κηφισιάδῃ μᾶλλον τὸν πατέρα ἢ τούτῳ τὰ δίκαια ποιῆσαι.
26. Ah, but he will say perhaps, that my father got some private profit out of the money, and therefore took sides with Cephisiades rather than with the plaintiff. Then we are to believe, in the first place, that he wronged a man who would be able to do him injury to twice the amount of his gains, and secondly that my father in this instance was a base lover of gain, whereas in regard to special taxes and public services and gifts to the state he was not.
26. ἀλλὰ νὴ Δία, ἴσως ἂν εἴποι, κερδαίνων τι ἰδίᾳ ὁ πατὴρ ἀπὸ τοῦ ἀργυρίου ἐκείνῳ μᾶλλον προσετίθετο τὴν γνώμην ἢ τούτῳ. εἶτα πρῶτον μὲν τὸν δυνησόμενον διπλάσιον τοῦ λήμματος κακὸν ποιῆσαι ἠδίκει, ἔπειτα ἐνταῦθα μὲν αἰσχροκερδὴς ἦν, εἰς δὲ τὰς εἰσφορὰς καὶ λῃτουργίας καὶ δωρεὰς τῇ πόλει οὔ;
27. And did he, who never wronged a stranger, wrong Callippus? And did the plaintiff, as he alleges, tender an oath to my father as to one who was a worthy man and would tell no falsehood, and yet does he now speak of him as a base fellow, who erases records of deposits? And, if my father refused to take the oath, as the plaintiff claims, or to make payment, how could he have escaped immediate condemnation? Who can believe this, men of the jury? I certainly think no one can.
27. καὶ τῶν μὲν ξένων οὐδένα ἠδίκει, Κάλλιππον δέ; καὶ οὗτος, ὡς χρηστῷ μὲν αὐτῷ ὄντι καὶ οὐδὲν ἂν ψευσαμένῳ ὅρκον ἐδίδου, ὥς φησιν, ὡς περὶ πονηροῦ δὲ καὶ ἀπαλείφοντος ἀπὸ τῶν παρακαταθηκῶν νυνὶ διαλέγεται; κἀκεῖνος οὔτʼ ὀμόσαι ʼθέλων, ὡς οὗτός φησιν, οὔτʼ ἀποδιδοὺς οὐκ εὐθὺς ἂν ὠφλήκει; τῷ ταῦτα πιστά, ὦ ἄνδρες δικασταί;
28. And has Archebiades forsooth sunk to such an extreme of baseness as to testify against Callippus, a fellow-demesman of his own, one in public life, and an official, and to say that I am telling the truth while Callippus is lying, and all this, when he knows that, if Callippus chooses to proceed against him for false testimony, or to do no more than put him on oath, he will be compelled to take whatever oath Callippus may require?
28. ἐγὼ μὲν γὰρ οὐδενὶ οἴομαι. καὶ ὁ Ἀρχεβιάδης εἰς τοῦτο φαυλότητος ἥκει, ὥστε τοῦ Καλλίππου δημότου ὄντος αὐτῷ καὶ πολιτευομένου καὶ οὐκ ἰδιώτου ὄντος καταμαρτυρεῖ, καὶ φησὶν ἡμᾶς μὲν ἀληθῆ λέγειν, τοῦτον δὲ ψεύδεσθαι, καὶ ταῦτα εἰδὼς ὅτι, ἂν οὗτος βούληται ἐπισκήψασθαι αὐτῷ τῶν ψευδομαρτυρίων καὶ ἄλλο μηδὲν ποιῆσαι ἢ ἐξορκῶσαι, ἀνάγκη αὐτῷ ἔσται πίστιν ἐπιθεῖναι ἣν ἂν κελεύῃ οὗτος.
29. And again, can anyone persuade you that Archebiades would perjure himself in order that Cephisiades, a resident alien, might get the money, or Phormion either, a man whom Callippus charges with having expunged some records of deposit? It is not a probable thing, men of the jury. Nor is it right to judge either Archebiades or my father guilty of any act of baseness; you know that my father was too emulous of honor to indulge in any base or shameful practices, and that his relations with Callippus were not such as to lead him through contempt to do him an injury.
29. ἔπειτα ἵνα ὁ Κηφισιάδης ἔχῃ τὸ ἀργύριον, ἄνθρωπος μέτοικος, ἢ Φορμίων, ὅν φησιν ἀπαληλιφέναι τι οὗτος τοῦ ἀργυρίου, πεισθήσεσθε ὑμεῖς ὡς ἐπιορκήσειεν ⟨ἂν⟩ ὁ Ἀρχεβιάδης; οὐκ ἔκ γε τῶν εἰκότων, ὦ ἄνδρες δικασταί. οὐ γὰρ ἄξιον οὔτε Ἀρχεβιάδου κακίαν οὐδεμίαν καταγνῶναι οὔτε τοῦ πατρὸς τοῦ ἡμετέρου· πολὺ γὰρ αὐτὸν φιλότιμον ἴστε μᾶλλον ὄντα ἢ κακόν τι ἢ αἰσχρὸν ἐπιτηδεύοντα, καὶ πρὸς Κάλλιππον οὐχ οὕτως ἔχοντα ὥστε καταφρονήσαντα τούτου ἀδικῆσαι [ἄν] τι αὐτόν.
30. Callippus indeed does not appear to me to be a man of such slight importance as to be treated with contempt—a man of such influence that last year, after he had instituted this action against me, and had challenged me to refer the matter to Lysitheides for arbitration (and I, although scorned by him, yet took wise counsel in this at any rate—I made the reference in due legal form, and carried the matter before the magistrate), Callippus, I say, induced the arbitrator, who had been designated according to the laws, to pronounce his award without taking oath, although I protested that he should give it on oath as the laws ordain, his purpose being that he might be able to say before you, that Lysitheides, a good and worthy man, had already given a decision regarding the matters at issue.
30. οὐ γὰρ οὕτω μοι δοκεῖ δύνασθαι ὥστʼ εὐκαταφρόνητος εἶναι, ὃς οὕτως ἐρρωμένος ἐστίν, ὥστε πέρυσί μοι λαχὼν τὴν δίκην ταυτηνὶ καὶ προκαλεσάμενος τῷ Λυσιθείδῃ ἐπιτρέψαι, ἐγὼ μὲν καίπερ καταπεφρονημένος ὑπʼ αὐτοῦ τοῦτό γε ὀρθῶς ἐβουλευσάμην (κατὰ τοὺς νόμους γὰρ ἐπέτρεψα καὶ ἀπήνεγκα πρὸς τὴν ἀρχήν), οὗτος δὲ τὸν κατὰ τοὺς νόμους ἀπενηνεγμένον διαιτητὴν ἔπεισεν ἀνώμοτον διαιτῆσαι, ἐμοῦ διαμαρτυρομένου κατὰ τοὺς νόμους ὀμόσαντα διαιτᾶν, ἵνα αὐτῷ ᾖ πρὸς ὑμᾶς λέγειν ὅτι καὶ Λυσιθείδης, ἀνὴρ καλὸς κἀγαθός, ἔγνω περὶ αὐτῶν.
31. Lysitheides, men of the jury, so long as my father lived, would probably not have wronged him either with or without an oath, for he had a regard for him; but for me he had no regard, while not upon his oath, although perhaps, if put upon his oath, he would have abstained from wronging me in his own interest. This is why he made the award without taking an oath. To prove that I am speaking the truth, I shall, in regard to these matters also, bring forward as witnesses those who were present. The Witnesses That Callippus is able to achieve his ends contrary to the laws and contrary to justice, you have heard, men of the jury, from the deposition.
31. Λυσιθείδης γάρ, ὦ ἄνδρες δικασταί, ἕως μὲν ὁ πατὴρ ἔζη, καὶ ἄνευ ὅρκου καὶ μεθʼ ὅρκου ἴσως ἂν οὐκ ἠδίκησεν ἐκεῖνον· ἔμελε γὰρ αὐτῷ ἐκείνου. ἐμοῦ δὲ ἄνευ μὲν ὅρκου οὐδὲν αὐτῷ ἔμελεν, μεθʼ ὅρκου δὲ ἴσως ἂν οὐκ ἠδίκησεν διὰ τὸ αὑτοῦ ἴδιον· διόπερ ἀνώμοτος ἀπεφήνατο. ὡς δὲ ἀληθῆ λέγω, καὶ τούτων ὑμῖν τοὺς παραγενομένους μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ.
32. I, on my part, beseech you on my own behalf and on my father’s, to bear in mind that, in support of all that I have said, I have produced before you witnesses and circumstantial evidence and laws and sworn statements; and in the case of the plaintiff I have shown that, while, if he had any claim to this money, he might have proceeded against Cephisiades, who admits that he collected the money and has it in his possession, and still take these pledges from me, he does not proceed against him, although he knows that the money is not in our hands—I beseech you to remember all these facts, and to give a verdict in my favor.
32. ὅ τι μὲν καὶ παρὰ τοὺς νόμους καὶ παρὰ τὸ δίκαιον δύναται διαπράττεσθαι Κάλλιππος, ὦ ἄνδρες δικασταί, τῆς μαρτυρίας ἀκηκόατε. δέομαι δὲ ὑμῶν αὐτός τε ὑπὲρ ἐμαυτοῦ καὶ ὑπὲρ τοῦ πατρός, ἀναμνησθέντας ὅτι πάντων μὲν ὑμῖν καὶ μάρτυρας καὶ τεκμήρια καὶ νόμους καὶ πίστεις παρεσχόμην ὧν εἴρηκα, τούτῳ δὲ ἐπιδείκνυμι ὅτι ἐξόν, εἴπερ τι αὐτῷ προσῆκεν τοῦ ἀργυρίου, ἐπὶ τὸν Κηφισιάδην βαδίζειν τὸν ὁμολογοῦντα κεκομίσθαι καὶ ἔχειν τὸ ἀργύριον, καὶ ταῦτα μηδὲν ἧττον τὰ πιστὰ παρʼ ἡμῶν λαβόντα, οὐκ ἔρχεται, εἰδὼς ὅτι οὐκ ἔστιν παρʼ ἡμῖν τὸ ἀργύριον, δέομαι ὑμῶν ἀποψηφίσασθαί μου.
33. If you do this, you will have rendered a decision both just and in accordance with the laws, and moreover one that is worthy of yourselves and of my father; since for myself, I should rather let you take everything I have, than pay an unjust claim as the victim of a malicious suit.
33. καὶ ταῦτα ποιοῦντες πρῶτον μὲν τὰ δίκαια καὶ κατὰ τοὺς νόμους ἔσεσθε ἐψηφισμένοι, ἔπειτα ἄξια μὲν αὐτῶν ὑμῶν, ἄξια δὲ τοῦ πατρὸς τοῦ ἐμοῦ· ὡς ἐγὼ ὑμᾶς ἂν δεξαίμην ἅπαντα τὰ ἐμαυτοῦ λαβεῖν μᾶλλον ἢ ἀδίκως τι συκοφαντούμενος ἀποτεῖσαι.