---
title: "Against Onetor I · Πρὸς Ὀνήτορα ἐξούλης α΄"
author: "Demosthenes"
translator: "Augustus Taber Murray"
languages: [grc, en]
shelf: "Classical Greek"
section: 1 of 1
url: https://scriptura.si/works/demosthenes-against-onetor-1/1/
cite: "Demosthenes, tr. Augustus Taber Murray, Against Onetor I · Πρὸς Ὀνήτορα ἐξούλης α΄, section 1. Scriptura (scriptura.si), https://scriptura.si/works/demosthenes-against-onetor-1/1/"
---

# Against Onetor I · Πρὸς Ὀνήτορα ἐξούλης α΄

*Demosthenes, tr. Augustus Taber Murray*

Demosthenes goes on fighting for his estate, against his guardian’s brother-in-law.

> Greek: ed. William Rennie, from the Perseus Digital Library (canonical-greekLit, tlg0014.tlg030, CC BY-SA 4.0).

> English: Augustus Taber Murray, from the Perseus Digital Library (tlg0014.tlg030.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## 1. Sections 1–39

Source: https://scriptura.si/works/demosthenes-against-onetor-1/1/ · cite a paragraph as https://scriptura.si/works/demosthenes-against-onetor-1/1/#p-N

[¶0] 1. I should have been most glad, men of the jury, had the difference which I have had with Aphobus, and also that in which I am now involved with this man Onetor, his brother-in-law, not come about. Accordingly, I made to them both many fair offers, but I have been unable to secure any reasonable action from either of them. On the contrary, I have found this man far harder to deal with, and more worthy of punishment than the other.

> Greek: 1. περὶ πολλοῦ ποιούμενος, ὦ ἄνδρες δικασταί, μήτε πρὸς Ἄφοβόν μοι συμβῆναι τὴν γενομένην διαφορὰν μήτε τὴν νῦν οὖσαν πρὸς Ὀνήτορα τουτονί, κηδεστὴν ὄντʼ αὐτοῦ, πολλὰ καὶ δίκαια προκαλεσάμενος ἀμφοτέρους, οὐδενὸς ἐδυνήθην τυχεῖν τῶν μετρίων, ἀλλʼ ηὕρηκα πολὺ τοῦτον ἐκείνου δυσκολώτερον καὶ μᾶλλον ἄξιον ὄντα δοῦναι δίκην.

[¶1] 2. In the case of Aphobus, I held that his controversy with me should be settled among our friends, and not come to trial before you, but I could not persuade him. But this man, when I bade him act as judge in his own case, that he might not risk a trial before you, treated me with such contempt, that not only did he not think fit to give me a hearing, but I was even in the most outrageous manner driven off the land, which belonged to Aphobus, when he lost his suit to me.

> Greek: 2. τὸν μὲν γὰρ οἰόμενος δεῖν ἐν τοῖς φίλοις διαδικάσασθαι τὰ πρὸς ἐμὲ καὶ μὴ λαβεῖν ὑμῶν πεῖραν οὐχ οἷός τʼ ἐγενόμην πεῖσαι· τοῦτον δʼ αὐτὸν αὑτῷ κελεύων γενέσθαι δικαστήν, ἵνα μὴ παρʼ ὑμῖν κινδυνεύσῃ, τοσοῦτον κατεφρονήθην, ὥστʼ οὐχὶ μόνον λόγου τυχεῖν οὐκ ἠξιώθην, ἀλλὰ καὶ ἐκ τῆς γῆς, ἣν Ἄφοβος ἐκέκτηθʼ ὅτʼ ὠφλίσκανέ μοι τὴν δίκην, ὑβριστικῶς ὑπʼ αὐτοῦ πάνυ ἐξεβλήθην.

[¶2] 3. Since, therefore, he joins with his brother-in-law in seeking to deprive me of what is mine, and has come before you, trusting in the measures he has concocted, there is no other course open to me than to try in your court to get justice from him. I know well, men of the jury, that I have to contend against arguments craftily prepared, and against witnesses who are going to give false testimony; nevertheless I think that I shall have such an advantage over him because of the justice of my cause, that, even if any one of you heretofore thought him an honest man, he will learn from the defendant’s acts toward me that even in time past he has been, without your knowing it, the basest and most unrighteous of men.

> Greek: 3. ἐπειδὴ οὖν συναποστερεῖ τέ με τῶν ὄντων τῷ ἑαυτοῦ κηδεστῇ, πιστεύων τʼ εἰς ὑμᾶς εἰσελήλυθεν ταῖς αὑτοῦ παρασκευαῖς, ὑπόλοιπόν ἐστιν ἐν ὑμῖν πειρᾶσθαι παρʼ αὐτοῦ τῶν δικαίων τυγχάνειν. οἶδα μὲν οὖν, ὦ ἄνδρες δικασταί, ὅτι μοι πρὸς παρασκευὰς λόγων καὶ μάρτυρας οὐ τἀληθῆ μαρτυρήσοντας ὁ ἀγών ἐστιν· ὅμως μέντοι τοσοῦτον οἶμαι διοίσειν τῷ δικαιότερα τούτου λέγειν, ὥστʼ εἰ καί τις ὑμῶν πρότερον τοῦτον ἡγεῖτʼ εἶναι μὴ πονηρόν, ἔκ γε τῶν πρὸς ἐμὲ πεπραγμένων γνώσεσθαι, ὅτι καὶ τὸν ἄλλον χρόνον ἐλάνθανεν αὐτὸν κάκιστος ὢν καὶ ἀδικώτατος ἁπάντων.

[¶3] 4. I shall show, namely, that he has not only never paid the marriage-portion, to secure which he alleges that the land has been mortgaged, but from the very start has schemed to defraud me of my rights; that, further, the lady, on whose behalf he drove me from the land in question, has not been divorced at all;

> Greek: 4. ἀποδείξω γὰρ αὐτὸν οὐ μόνον τὴν προῖκʼ οὐ δεδωκότα, ἧς φησι νῦν ἀποτετιμῆσθαι τὸ χωρίον, ἀλλὰ καὶ ἐξ ἀρχῆς τοῖς ἐμοῖς ἐπιβουλεύσαντα, καὶ πρὸς τούτοις τὴν μὲν γυναῖκʼ οὐκ ἀπολελοιπυῖαν, ὑπὲρ ἧς ἐξήγαγέ μʼ ἐκ ταύτης τῆς γῆς, προϊστάμενον δʼ ἐπʼ ἀποστερήσει τῶν ἐμῶν Ἀφόβου καὶ τούτους ὑπομένοντα τοὺς ἀγῶνας, οὕτω μεγάλοις τεκμηρίοις καὶ φανεροῖς ἐλέγχοις ὥσθʼ ὑμᾶς ἅπαντας εἴσεσθαι σαφῶς ὅτι δικαίως καὶ προσηκόντως οὗτος φεύγει ταύτην ὑπʼ ἐμοῦ τὴν δίκην.

[¶4] 5. and that he is now screening Aphobus, and standing this trial with the purpose of depriving me of what is mine. This I shall show by such strong and manifest proofs, that you will see how just and proper it is that I have instituted this action against him. I shall commence with matters which will best enable you to grasp the facts of the case. In common with many others of the Athenians, men of the jury, this man was well aware that my guardians were proving false to their trust. Indeed, it became clear very early that I was being wronged, so many were the discussions and arguments regarding my affairs held before the archon and before other officials. For the value of the property left me was well known, and it was pretty clear that the administrators were leaving it unlet in order that they might have the use of the money themselves. There was not a single one, therefore, among those who realized what was going on, who did not expect that I should obtain a judgement for damages from these men, as soon as I should attain my majority.

> Greek: 5. ὅθεν δὲ ῥᾷστα μαθήσεσθε περὶ αὐτῶν, ἐντεῦθεν ὑμᾶς καὶ ἐγὼ πρῶτον πειράσομαι διδάσκειν. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, πολλούς τʼ ἄλλους Ἀθηναίων καὶ τοῦτον οὐκ ἐλάνθανον κακῶς ἐπιτροπευόμενος, ἀλλʼ ἦν καταφανὴς εὐθὺς ἀδικούμενος· τοσαῦται πραγματεῖαι καὶ λόγοι καὶ παρὰ τῷ ἄρχοντι καὶ παρὰ τοῖς ἄλλοις ἐγίγνονθʼ ὑπὲρ τῶν ἐμῶν. τό τε γὰρ πλῆθος τῶν καταλειφθέντων ἦν φανερόν, ὅτι τʼ ἀμίσθωτον τὸν οἶκον ἐποίουν οἱ διαχειρίζοντες, ἵνʼ αὐτοὶ τὰ χρήματα καρποῖντο, οὐκ ἄδηλον ἦν. ὥστʼ ἐκ τῶν γιγνομένων οὐκ ἔσθʼ ὅστις οὐχ ἡγεῖτο τῶν εἰδότων δίκην με λήψεσθαι παρʼ αὐτῶν, ἐπειδὴ τάχιστʼ ἀνὴρ εἶναι δοκιμασθείην.

[¶5] 7. Among those who from first to last held this opinion were Timocrates and Onetor. Of this I can give you the strongest of proofs. For the defendant wished to give his sister in marriage to Aphobus, seeing that he had got into his hands his own patrimony and mine (which was not inconsiderable) as well; but he had not confidence enough in him to abandon her marriage-portion. It was as if he felt, forsooth, that the property of guardians was a security for their wards. He did, however, give him his sister, but the portion, Timocrates, who had been her former husband, agreed to keep as a loan with interest at the rate of five obols.

> Greek: 7. ἐν οἷς καὶ Τιμοκράτης καὶ Ὀνήτωρ ταύτην ἔχοντες διετέλεσαν τὴν διάνοιαν. τεκμήριον δὲ πάντων μέγιστον· οὗτος γὰρ ἐβουλήθη μὲν Ἀφόβῳ δοῦναι τὴν ἀδελφήν, ὁρῶν τῆς θʼ αὑτοῦ πατρῴας οὐσίας καὶ τῆς ἐμῆς οὐκ ὀλίγης αὐτὸν κύριον γεγενημένον, προέσθαι δὲ τὴν προῖκʼ οὐκ ἐπίστευσεν, ὥσπερ εἰ τὰ τῶν ἐπιτροπευόντων χρήματʼ ἀποτίμημα τοῖς ἐπιτροπευομένοις καθεστάναι νομίζων. ἀλλὰ τὴν μὲν ἀδελφὴν ἔδωκεν, τὴν δὲ προῖκʼ αὐτῷ Τιμοκράτης ἐπὶ πέντʼ ὀβολοῖς ὀφειλήσειν ὡμολόγησεν, ᾧ πρότερον ἡ γυνὴ συνοικοῦσʼ ἐτύγχανεν.

[¶6] 8. When I had won my suit against Aphobus in the matter of the guardianship and he still refused to make any just settlement, Onetor did not even try to settle our dispute, but, alleging that his sister had been divorced, and that he was unable to get back her marriage-portion, which he had paid (although he had not paid it, and it was even then in his possession), declared that he had taken a mortgage on the land, and had the effrontery to expel me from it; such was his contempt for me, and for you, and for the laws which were in force.

> Greek: 8. ὀφλόντος δέ μοι τὴν δίκην Ἀφόβου τῆς ἐπιτροπῆς καὶ οὐδὲν δίκαιον ποιεῖν ἐθέλοντος, διαλύειν μὲν ἡμᾶς Ὀνήτωρ οὐδʼ ἐπεχείρησεν, οὐκ ἀποδεδωκὼς δὲ τὴν προῖκα, ἀλλʼ αὐτὸς κύριος ὤν, ὡς ἀπολελοιπυίας τῆς ἀδελφῆς καὶ δοὺς κομίσασθαι δʼ οὐ δυνάμενος, ἀποτιμήσασθαι φάσκων τὴν γῆν ἐξάγειν μʼ ἐξ αὐτῆς ἐτόλμησεν· τοσοῦτον καὶ ἐμοῦ καὶ ὑμῶν καὶ τῶν κειμένων νόμων κατεφρόνησεν.

[¶7] 9. These, men of the jury, are the facts because of which he is defendant in the present suit, and regarding which you are to cast your vote. I shall bring forward witnesses, and in the first instance Timocrates himself, who will testify that he agreed to hold the dowry as a loan, and that he continued to pay interest on it to Aphobus according to the agreement; also that Aphobus himself acknowledged that he received the interest from Timocrates. Take the depositions. The Depositions From the very first, you see, it is admitted that the dowry was not paid to Aphobus, and that he did not get it under his control.

> Greek: 9. καὶ τὰ μὲν γενόμενα, καὶ διʼ ἃ φεύγει τὴν δίκην καὶ περὶ ὧν οἴσετε τὴν ψῆφον, ταῦτʼ ἐστίν, ὦ ἄνδρες δικασταί· παρέξομαι δὲ μάρτυρας πρῶτον μὲν αὐτὸν Τιμοκράτην, ὡς ὡμολόγησεν ὀφειλήσειν τὴν προῖκα καὶ τὸν τόκον ἀπεδίδου τῆς προικὸς Ἀφόβῳ κατὰ τὰς ὁμολογίας, ἔπειθʼ ὡς αὐτὸς Ἄφοβος ὡμολόγει κομίζεσθαι τὸν τόκον παρὰ Τιμοκράτους. καί μοι λαβὲ τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ.

[¶8] 10. And it seems very probable that on account of the facts which I have mentioned, they chose to continue as debtors for the dowry, rather than to have it involved in the estate of Aphobus which was sure to be so seriously endangered. For it is impossible for them to claim that poverty prevented their paying it over at once, since Timocrates has an estate of more than ten talents, and Onetor one of more than thirty; so this cannot have been the reason why they have not made an immediate payment.

> Greek: 10. ἐξ ἀρχῆς μὲν τοίνυν ὁμολογεῖται μὴ δοθῆναι τὴν προῖκα μηδὲ γενέσθαι κύριον αὐτῆς Ἄφοβον. δῆλον δὲ καὶ ἐκ τῶν εἰκότων ὅτι τούτων ἕνεχʼ ὧν εἴρηκα ὀφείλειν εἵλοντο μᾶλλον ἢ καταμεῖξαι τὴν προῖκʼ εἰς τὴν οὐσίαν τὴν Ἀφόβου τὴν οὕτω κινδυνευθήσεσθαι μέλλουσαν. οὔτε γὰρ διʼ ἀπορίαν οἷόν τʼ εἰπεῖν ὡς οὐκ εὐθὺς ἀπέδοσαν (Τιμοκράτει τε γάρ ἐστιν οὐσία πλέον ἢ δέκα ταλάντων, Ὀνήτορί τε πλέον ἢ τριάκοντα, ὥστʼ οὐκ ἂν διὰ τοῦτό γʼ εἶεν οὐκ εὐθὺς δεδωκότες) οὔτε κτήματα μὲν ἦν αὐτοῖς, ἀργύριον δʼ οὐκ ἔτυχεν παρόν, ἡ γυνὴ δʼ ἐχήρευεν, διὸ πρᾶξαι ταῦτʼ ἠπείχθησαν οὐχ ἅμα τὴν προῖκα διδόντες·

[¶9] 11. Nor can they claim that they had property indeed, but no ready money, or that the lady was a widow, and that they therefore hastened to conclude matters without at once paying her portion. For these men are in the habit of lending considerable sums to others, and moreover, the lady was not a widow, but when they gave her in marriage, it was from the house of Timocrates, where she was living with him as his wife; so that there is no reasonable ground why one should accept this excuse either.

> Greek: 11. ἀργύριόν τε γὰρ οὗτοι δανείζουσιν ἄλλοις οὐκ ὀλίγον, συνοικοῦσάν τε ταύτην, ἀλλʼ οὐ χηρεύουσαν παρὰ Τιμοκράτους ἐξέδοσαν, ὥστʼ οὐδʼ ἂν ταύτην τὴν σκῆψιν εἰκότως αὐτῶν τις ἀποδέξαιτο.

[¶10] 12. Further, men of the jury, I think you would all agree to this, that, in arranging a matter of this sort, anyone would choose to borrow money of another, rather than fail to pay the dowry to his sister’s husband. For if a man does not settle this matter he becomes a debtor, regarding whom it is uncertain whether he will meet his just obligations or not; but if together with the lady he gives also what is hers, he becomes a kinsman and a brother-in-law, for he is not under any suspicion, since he has done all that justice demanded.

> Greek: 12. καὶ μὲν δή, ὦ ἄνδρες δικασταί, κἀκεῖνʼ ἂν πάντες ὁμολογήσαιτε, ὅτι τοιοῦτον πρᾶγμα συναλλάττων ὁστισοῦν ἕλοιτʼ ἂν ἑτέρῳ μᾶλλον ὀφείλειν ἢ κηδεστῇ τὴν προῖκα μὴ ἀποδοῦναι. μὴ διαλυσάμενος μὲν γὰρ γίγνεται χρήστης ἄδηλος εἴτʼ ἀποδώσει δικαίως εἴτε μή, μετὰ δὲ τῆς γυναικὸς τἀκείνης ἀποδοὺς οἰκεῖος καὶ κηδεστής·

[¶11] 13. Seeing that the matter stands thus, and that they were not forced by a single one of the causes which I have mentioned to let this debt stand, and could not have desired to do so, it is not possible to suggest any other excuse for non-payment. It must be for the reason which I have mentioned—that they did not trust Aphobus enough to pay him the dowry.

> Greek: 13. ἐν οὐδεμιᾷ γάρ ἐστιν ὑποψίᾳ τὰ δίκαια πάντα ποιήσας. ὥσθʼ οὕτως τοῦ πράγματος ἔχοντος, καὶ τούτων οὐδὲ καθʼ ἓν ὧν εἶπον ὀφείλειν ἀναγκασθέντων, οὐδὲ βουληθέντων ἄν, οὐκ ἔστʼ εἰπεῖν ἄλλην πρόφασιν διʼ ἣν οὐκ ἀπέδοσαν, ἀλλʼ ἀνάγκη ταύτην εἶναι τὴν αἰτίαν, διʼ ἣν δοῦναι τὴν προῖκʼ οὐκ ἐπίστευσαν.

[¶12] 14. I have established this point, then, in this way beyond all controversy; and I think I shall easily demonstrate from the facts themselves that they did not pay the portion subsequently either; so that it will be clear to you that even if they withheld the money, not for the reasons I have mentioned, but with the intention of speedy payment, they would never actually have paid it, or let it slip out of their hands; with such urgency did the case press upon them.

> Greek: 14. ἐγὼ τοίνυν ὁμολογουμένως οὕτω ταῦτʼ ἐξελέγχων, ὡς οὐδʼ ὕστερον ἀπέδοσαν, οἶμαι ῥᾳδίως ἐπιδείξειν ἐξ αὐτῶν τῶν πεπραγμένων, ὥσθʼ ὑμῖν γενέσθαι φανερόν, ὅτι κἂν εἰ μὴ ἐπὶ τούτοις, ἀλλʼ ἐπὶ τῷ διὰ ταχέων ἀποδοῦναι τἀργύριον εἶχον, οὐκ ἄν ποτʼ ἀπέδοσαν οὐδʼ ἂν προεῖντο· τοιαύτας ἀνάγκας εἶχεν αὐτοῖς τὸ πρᾶγμα.

[¶13] 15. There was an interval of two years between the marriage of the woman and their declaration that the divorce had taken place. She was married in the archonship of Polyzelus, in the month of Scirophorion, and the divorce was registered in the month of Poseidon, in the archonship of Timocrates. I, on my part, was admitted to citizenship immediately after the marriage, laid my charges, and demanded an accounting; and, finding that I was being robbed of all my property, instituted my suit under the last-mentioned archon.

> Greek: 15. δύο μὲν γάρ ἐστιν ἔτη τὰ μεταξὺ τοῦ συνοικῆσαί τε τὴν γυναῖκα καὶ φῆσαι τούτους πεποιῆσθαι τὴν ἀπόλειψιν· ἐγήματο μὲν γὰρ ἐπὶ Πολυζήλου ἄρχοντος σκιροφοριῶνος μηνός, ἡ δʼ ἀπόλειψις ἐγράφη ποσιδεῶνος μηνὸς ἐπὶ Τιμοκράτους· ἐγὼ δʼ εὐθέως μετὰ τοὺς γάμους δοκιμασθεὶς ἐνεκάλουν καὶ λόγον ἀπῄτουν, καὶ πάντων ἀποστερούμενος τὰς δίκας ἐλάγχανον ἐπὶ τοῦ αὐτοῦ ἄρχοντος.

[¶14] 16. The shortness of the time makes the continuance of the debt in accordance with the agreement not unlikely, but it is incredible that it should have been paid. For do you suppose that the defendant here, a man who at the first chose to owe the money and to pay interest on it, in order that his sister’s dowry might not be jeopardized along with the rest of her husband’s property, would have paid it when suit had already been instituted against that husband? Why, even if he had at the first trusted him with the money, he would then at once have sought to recover it. No, men of the jury; the supposition is, I presume, impossible.

> Greek: 16. ὁ δὴ χρόνος οὗτος ὀφειλῆσαι μὲν ἐνδέχεται κατὰ τὰς ὁμολογίας, ἀποδοῦναι δʼ οὐκ ἔχει πίστιν. ὃς γὰρ διὰ ταῦτʼ ἐξ ἀρχῆς ὀφείλειν εἵλετο καὶ τόκον φέρειν, ἵνα μὴ κινδυνεύοι ἡ προὶξ μετὰ τῆς ἄλλης οὐσίας, πῶς οὗτος ἂν ἀπέδωκεν ἤδη τὴν δίκην φεύγοντος; ὃς εἰ καὶ τότʼ ἐπίστευσεν, τηνικαῦτʼ ἂν ἀπολαβεῖν ἐζήτησεν. οὐκ ἔνεστι δήπουθεν, ὦ ἄνδρες δικασταί.

[¶15] 17. To prove that the woman married at the time I mention; that in the interim Aphobus and I had already gone to law; and that those men did not register the divorce with the archon until after I had instituted my suit, take, please, these depositions regarding each point. The Depositions After this archon came Cephisodorus and then Chion. During their term of office, having been admitted to citizenship, I continued to press my charges, and in the archonship of Timocrates I began my suit. Take this deposition, please. The Deposition Read also this deposition.

> Greek: 17. ἀλλὰ μὴν ὡς ἐγήματο μὲν ἡ γυνὴ καθʼ ὃν ἐγὼ λέγω χρόνον, ἀντίδικοι δʼ ἡμεῖς ἤδη πρὸς ἀλλήλους ἐν τῷ μεταξὺ χρόνῳ κατέστημεν, ὕστερον δʼ ἢ ἐγὼ τὴν δίκην ἔλαχον τὴν ἀπόλειψιν οὗτοι πρὸς τὸν ἄρχοντʼ ἀπεγράψαντο, λαβέ μοι καθʼ ἕκαστον ταύτας τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑ. μετὰ τοίνυν τοῦτον τὸν ἄρχοντα Κηφισόδωρος, Χίων. ἐπὶ τούτων ἐνεκάλουν δοκιμασθείς, ἔλαχον δὲ τὴν δίκην ἐπὶ Τιμοκράτους. λαβὲ ταύτην τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.

[¶16] 18. The Deposition It is clear, then, from the evidence adduced that it is not because they have paid the dowry, but because they wish to save his property for Aphobus, that they have had the audacity to act as they have done. For when in so short a time they allege that they owed the money; that they paid it; that the woman was divorced and could not recover the dowry; and that they took a mortgage on the land; how can it be other than clear that they are acting in collusion in their attempt to defraud me of the damages awarded me by you?

> Greek: 18. ἀνάγνωθι δὲ καὶ ταύτην τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ. δῆλον μὲν τοίνυν καὶ ἐκ τῶν μεμαρτυρημένων, ὅτι τὴν προῖκʼ οὐ δόντες, ἀλλʼ ἐπὶ τῷ διασῴζειν Ἀφόβῳ τὴν οὐσίαν ταῦτα τολμῶσι πράττειν. οἳ γὰρ ἐν τοσούτῳ χρόνῳ καὶ ὀφειλῆσαι καὶ ἀποδοῦναι καὶ τὴν γυναῖκʼ ἀπολιπεῖν καὶ οὐ κομίσασθαι καὶ τὸ χωρίον ἀποτιμήσασθαί φασιν, πῶς οὐ φανερὸν ὅτι προστάντες τοῦ πράγματος τὰ γνωσθένθʼ ὑφʼ ὑμῶν ἀποστερῆσαί με ζητοῦσιν;

[¶17] 19. I shall now endeavor to prove to you from the answers given by the defendant himself, and by Timocrates, and Aphobus, that it is impossible that the dowry should have been paid. For, men of the jury, I questioned each of these men in the presence of many witnesses. I asked Onetor and Timocrates whether any witnesses were present when they paid the dowry, and Aphobus himself whether any were present when he received it;

> Greek: 19. ὡς δὲ καὶ ἐξ ὧν αὐτὸς οὗτος καὶ Τιμοκράτης καὶ Ἄφοβος ἀπεκρίναντο, οὐχ οἷόν τʼ ἀποδεδόσθαι τὴν προῖκα, ταῦτʼ ἤδη πειράσομαι διδάσκειν ὑμᾶς. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, τούτων ἕκαστον ἠρόμην πολλῶν ἐναντίον μαρτύρων, Ὀνήτορα μὲν καὶ Τιμοκράτην, εἴ τινες εἶεν μάρτυρες ὧν ἐναντίον τὴν προῖκʼ ἀπέδοσαν, αὐτὸν δʼ Ἄφοβον, εἴ τινες παρῆσαν ὅτʼ ἀπελάμβανεν.

[¶18] 20. and they all answered severally that no witness was present, but that Aphobus got it from them by instalments, in such sums as he needed from time to time. And yet can any one of you believe this, that, when the dowry was a talent, Onetor and Timocrates put so large a sum into the hands of Aphobus without witnesses? Why, in paying him money, I will not say in this manner, but even in the presence of many witnesses, one would have taken every possible precaution in order, if a dispute should arise, to be able readily to recover in your court what was due.

> Greek: 20. καί μοι πάντες ἀπεκρίναντο καθʼ ἕκαστον, ὅτι οὐδεὶς μάρτυς παρείη, κομίζοιτο δὲ λαμβάνων καθʼ ὁποσονοῦν δέοιτʼ Ἄφοβος παρʼ αὐτῶν. καίτοι τῷ τοῦθʼ ὑμῶν πιστόν, ὡς ταλάντου τῆς προικὸς οὔσης ἄνευ μαρτύρων Ὀνήτωρ καὶ Τιμοκράτης Ἀφόβῳ τοσοῦτον ἀργύριον ἐνεχείρισαν; ᾧ μὴ ὅτι τοῦτον τὸν τρόπον, ἀλλʼ οὐδὲ μετὰ πολλῶν μαρτύρων ἀποδιδοὺς εἰκῇ τις ἂν ἐπίστευσεν, ἵνʼ εἴ τις γίγνοιτο διαφορά, κομίσασθαι ῥᾳδίως παρʼ ὑμῖν δύνηται.

[¶19] 21. No man, in concluding a transaction of such importance, I will not say with such a man as Aphobus, but with anybody whatever, would have acted without a witness. This is the reason why we celebrate marriage-feasts and call together our closest friends and relations, because we are dealing with no light affair, but are entrusting to the care of others the lives of our sisters and daughters, for whom we seek the greatest possible security.

> Greek: 21. μὴ γὰρ ὅτι πρὸς τοῦτον τοιοῦτον ὄντα, ἀλλʼ οὐδὲ πρὸς ἄλλον οὐδʼ ἂν εἷς οὐδένα τοιοῦτον συνάλλαγμα ποιούμενος ἀμαρτύρως ἂν ἔπραξεν· ἀλλὰ τῶν τοιούτων ἕνεκα καὶ γάμους ποιοῦμεν καὶ τοὺς ἀναγκαιοτάτους παρακαλοῦμεν, ὅτι οὐ πάρεργον, ἀλλʼ ἀδελφῶν καὶ θυγατέρων βίους ἐγχειρίζομεν, ὑπὲρ ὧν τὰς ἀσφαλείας μάλιστα σκοποῦμεν.

[¶20] 22. The presumption is, then, that the defendant made the settlement in the presence of the same witnesses before whom he had admitted the indebtedness and promised to pay the interest, if he really did pay the dowry to Aphobus. For, if he had acted in this way, he would have cleared himself of the whole matter; but by paying him when they were alone, he would have left those in whose presence he had made the agreement as witnesses that he was still a debtor.

> Greek: 22. εἰκὸς τοίνυν καὶ τοῦτον, ὧνπερ ἐναντίον ὀφείλειν ὡμολόγησεν καὶ τὸν τόκον οἴσειν, τῶν αὐτῶν τούτων παρόντων διαλύσασθαι πρὸς Ἄφοβον, εἴπερ ὡς ἀληθῶς ἀπεδίδου τὴν προῖκʼ αὐτῷ. τοῦτον μὲν γὰρ τὸν τρόπον πράξας, ὅλου τοῦ πράγματος ἀπηλλάττετο, μόνος μόνῳ δʼ ἀποδιδούς, τοὺς ἐπὶ ταῖς ὁμολογίαις παραγενομένους ὡς κατʼ ὀφείλοντος ἂν αὑτοῦ μάρτυρας ὑπελείπετο.

[¶21] 23. As it was, they could not induce their friends, who were more honest men than themselves, to bear witness to the payment of the money, and they thought that, if they produced other witnesses, not related to them, you would not believe them. Again, if they said the payment had been made all at once, they knew that we should demand for examination by torture the slaves who had brought the money. These, if the payment had not been made, they would have refused to give up, and so they would have been convicted of fraud. But if they maintained that they had paid the money without witnesses in the manner alleged, they thought to escape detection.

> Greek: 23. νῦν τοίνυν τοὺς μὲν ὄντας οἰκείους καὶ βελτίους αὑτῶν οὐκ ἐδύναντο πεῖσαι τὴν προῖκʼ ἀποδεδωκέναι σφᾶς μαρτυρεῖν, ἑτέρους δʼ εἰ παρέχοιντο μάρτυρας μηδὲν γένει προσήκοντας, οὐκ ἂν ἡγοῦνθʼ ὑμᾶς αὐτοῖς πιστεύειν. ἔτι δʼ ἁθρόαν μὲν φάσκοντες δεδωκέναι τὴν προῖκα, ᾔδεσαν ὅτι τοὺς ἀπενεγκόντας οἰκέτας ἐξαιτήσομεν, οὓς μὴ γεγενημένης τῆς δόσεως παραδοῦναι μὴ ʼθέλοντες ἠλέγχοντʼ ἄν· εἰ δʼ αὐτοὶ μόνοι μόνῳ τοῦτον τὸν τρόπον ἀποδεδωκέναι λέγοιεν, ἐνόμιζον οὐκ ἐλεγχθήσεσθαι.

[¶22] 24. For this reason they were driven through stress of necessity to make up this false story. By such tricks and pieces of villainy, while hoping themselves to pass for simple folk, they think they will easily deceive you; whereas in the slightest matter affecting their interest they acted, not with simplicity, but with every possible precaution. Take now the depositions of the persons in whose presence they gave their answers, and read them to the jury. The Depositions Now, men of the jury, I shall prove to you that the woman made a merely nominal divorce, but was in reality living with Aphobus as his wife.

> Greek: 24. διὰ τοῦτο τοῦτον εἵλοντʼ ἐξ ἀνάγκης ψεύδεσθαι τὸν τρόπον. τοιαύταις τέχναις καὶ πανουργίαις, ὡς ἁπλοῖ τινὲς εἶναι δόξοντες, ἡγοῦνται ῥᾳδίως ὑμᾶς ἐξαπατήσειν, ἁπλῶς οὐδʼ ἂν μικρὸν ὑπὲρ τῶν διαφερόντων, ἀλλʼ ὡς οἷόν τʼ ἀκριβέστατα πράξαντες. λαβὲ τὰς μαρτυρίας αὐτοῖς ὧν ἐναντίον ἀπεκρίναντο, καὶ ἀνάγνωθι. ΜΑΡΤΥΡΙΑΙ.

[¶23] 25. I think that, if you are thoroughly convinced of this, you will be more inclined to distrust these men, and to give me the aid that is my due. Of some of the facts I shall produce witnesses: others I shall establish by strong presumptions and by adequate proofs.

> Greek: 25. φέρε δή, ὦ ἄνδρες δικασταί, καὶ τὴν γυναῖχʼ ὑμῖν ἀποδείξω λόγῳ μὲν ἀπολελοιπυῖαν, ἔργῳ δὲ συνοικοῦσαν Ἀφόβῳ· νομίζω γάρ, ἂν τοῦτʼ ἀκριβῶς μάθητε, μᾶλλον ὑμᾶς τούτοις μὲν ἀπιστήσειν, ἐμοὶ δʼ ἀδικουμένῳ τὰ δίκαια βοηθήσειν. μάρτυρας δὲ τῶν μὲν ὑμῖν παρέξομαι, τῶν δʼ ἐπιδείξω μεγάλα τεκμήρια καὶ πίστεις ἱκανάς.

[¶24] 26. When I saw, men of the jury, that after the woman’s divorce had been registered with the archon, and after the defendant’s declaration that he had taken a mortgage on the farm to secure her marriage-portion, Aphobus continued to hold and till the land just as before, and to dwell with his wife, I knew well that all this was fiction and a pretence to cover up the facts.

> Greek: 26. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, μετὰ τὸ γεγράφθαι παρὰ τῷ ἄρχοντι ταύτην τὴν γυναῖκʼ ἀπολελοιπυῖαν καὶ τὸ φάσκειν Ὀνήτορʼ ἀντὶ τῆς προικὸς ἀποτετιμῆσθαι τὸ χωρίον, ὁρῶν Ἄφοβον ὁμοίως ἔχοντα καὶ γεωργοῦντα τὴν γῆν καὶ τῇ γυναικὶ συνοικοῦντα, σαφῶς ᾔδειν ὅτι λόγος ταῦτα καὶ παραγωγὴ τοῦ πράγματός ἐστιν.

[¶25] 27. And wishing to make this clear to you all, I deemed it right to convict him in the presence of witnesses, in case he should deny that matters are as I have stated; and I offered to him for torture a slave who knew well all the facts—one whom I had taken from among those of Aphobus, since he had not paid the damages within the time fixed by law. When I made this demand, Onetor declined to put the slave to torture as to the question of his sister’s living with Aphobus; and, as to Aphobus’s tilling the land, the fact was too plain to be denied, so he confessed it.

> Greek: 27. βουλόμενος δʼ ἐμφανῆ ποιῆσαι ταῦτα πᾶσιν ὑμῖν, ἐξελέγχειν αὐτὸν ἠξίουν ἐναντίον μαρτύρων, εἰ μὴ φάσκοι ταῦθʼ οὕτως ἔχειν, καὶ παρεδίδουν οἰκέτην εἰς βάσανον, ὃς συνῄδει πάντʼ ἀκριβῶς· ὃν ἔλαβον κατὰ τὴν ὑπερημερίαν ἐκ τῶν Ἀφόβου. οὗτος δʼ ἐμοῦ ταῦτʼ ἀξιώσαντος, περὶ μὲν τοῦ συνοικεῖν Ἀφόβῳ τὴν ἀδελφὴν ἔφυγε τὴν βάσανον· ὡς δʼ οὐκ ἐκεῖνος ἐγεώργει τὴν γῆν, οὐκ ἐδύνατʼ ἀρνηθῆναι διὰ τὴν περιφάνειαν, ἀλλὰ προσωμολόγησεν.

[¶26] 28. Nor are these the only proofs which make it easy to see that Aphobus continued to live with his wife and to possess the land up to the time when the suit was begun; it is plain also from the way in which he dealt with the land after judgement was given against him. For, as though the property had not been mortgaged, but was to belong to me according to the court’s decision, he made off with everything that could be carried away—the produce, and all the farm implements, except the storage-tanks. What he could not take away he necessarily left behind, so that Onetor was now at liberty to lay claim merely to the bare land.

> Greek: 28. οὐ μόνον δʼ ἐκ τούτων ἦν ῥᾴδιον γνῶναι, ὅτι καὶ συνῴκει τῇ γυναικὶ καὶ τὸ χωρίον ἐκέκτητʼ ἔτι πρὶν γενέσθαι τὴν δίκην, ἀλλὰ καὶ ἐξ ὧν ὀφλὼν διεπράξατο περὶ αὐτῶν. ὡς γὰρ οὐκ ἀποτετιμηκώς, ἀλλʼ ἐμῶν ἐσομένων κατὰ τὴν δίκην, ἃ μὲν οἷόν τʼ ἦν ἐξενεγκεῖν, ᾤχετο λαβών, τοὺς καρποὺς καὶ τὰ σκεύη τὰ γεωργικὰ πάντα πλὴν τῶν πιθακνῶν· ὃ δʼ οὐχ οἷόν τʼ ἦν ἀνελεῖν, ἐξ ἀνάγκης ὑπέλιπεν, ὥστʼ ἐγγενέσθαι τούτῳ νῦν αὐτῆς τῆς γῆς ἀμφισβητεῖν.

[¶27] 29. It is an outrage, though, that one of them should say that the land was mortgaged to him, while the mortgagor is to be seen cultivating it; that he should claim that his sister has left her husband, when he is shown to have refused to accept the test by torture regarding this very point; and that the one who is not living with his wife (as Onetor claims) should carry off all the produce and implements from the farm, while the man acting as guardian for the divorced woman, to secure whose portion he claims to have taken a mortgage on the land, plainly shows no anger at a single one of these acts, but takes everything quietly.

> Greek: 29. καίτοι δεινὸν τὸν μὲν λέγειν ὡς ἀπετιμήσατο τὸ χωρίον, τὸν δʼ ἀποτετιμηκότα φαίνεσθαι γεωργοῦντα, καὶ φάσκειν μὲν ἀπολελοιπέναι τὴν ἀδελφήν, ὑπὲρ αὐτῶν δὲ τούτων φανερὸν εἶναι φεύγοντα τοὺς ἐλέγχους, καὶ τὸν μὲν οὐ συνοικοῦντα, ὡς οὗτός φησιν, καὶ τοὺς καρποὺς καὶ τὰ ἐκ τῆς γεωργίας ἅπαντʼ ἐξενεγκεῖν, τὸν δʼ ὑπὲρ τῆς ἀπολελοιπυίας πράττοντα, ὑπὲρ ἧς ἀποτετιμῆσθαί φησι τὸ χωρίον, φαίνεσθαι μηδʼ ὑπὲρ ἑνὸς τούτων ἀγανακτοῦντα, ἀλλʼ ἡσυχίαν ἔχοντα.

[¶28] 30. Is the whole thing not absolutely clear? Is it not confessedly a scheme to protect Aphobus? One certainly would so declare, if he duly considered each one of the facts. Now, to prove that the defendant acknowledged that Aphobus farmed the land up to the time of the commencement of my action against him; that he refused the inquiry by torture as to his sister’s continuing to live with Aphobus; and that the farm was stripped after the court’s decision of everything save what was attached to the soil; take these depositions, and read them. The Depositions Although I have so many proofs ready to hand it is Onetor himself who most convincingly showed that the divorce was not a genuine one.

> Greek: 30. ταῦτʼ οὐ πολλὴ περιφάνειʼ ἐστίν; ταῦτʼ οὐχ ὁμολογουμένη προστασία; φήσειέ γʼ ἄν τις, εἰ διαλογίζοιτʼ ὀρθῶς ἕκαστʼ αὐτῶν. ὡς τοίνυν ὡμολόγει μὲν ἐκεῖνον γεωργεῖν πρὶν γενέσθαι τὴν δίκην ἐμοὶ πρὸς αὐτόν, ὑπὲρ δὲ τοῦ μὴ συνοικεῖν τὴν ἀδελφὴν οὐκ ἠθέλησεν ποιήσασθαι τὴν βάσανον, ἡ δὲ γεωργία ἐξεσκευάσθη μετὰ τὴν δίκην πλὴν τῶν ἐγγείων, λαβὲ ταύτας τὰς μαρτυρίας καὶ ἀνάγνωθι. ΜΑΡΤΥΡΙΑΙ.

[¶29] 31. He, who should have felt outraged, when, after paying the dowry, as he claims, he got back, not the money, but a farm whose title was under dispute,—this very man, as though he had had no quarrel, and were in no way being wronged, but as though he were on the most intimate terms possible with Aphobus, pleaded for the latter in the suit which I brought against him! As for myself, though I had done him no conceivable injury, he leagued with Aphobus, and sought by every means in his power to join in robbing me of my patrimony, while for Aphobus, whom he should have regarded as a stranger, if there is any truth in their present story, he sought to acquire possession of my property in addition to what he already had.

> Greek: 31. ἐμοὶ τοίνυν τοσούτων ὑπαρχόντων τεκμηρίων, οὐχ ἥκιστʼ αὐτὸς ἔδειξεν Ὀνήτωρ, ὅτι οὐκ ἀληθινὴν ἐποιήσατο τὴν ἀπόλειψιν. ᾧ γὰρ προσῆκεν χαλεπῶς φέρειν, εἰ τὴν προῖκα δούς, ὥς φησιν, ἀντʼ ἀργυρίου χωρίον ἀμφισβητούμενον ἀπελάμβανεν, οὗτος οὐχ ὡς διάφορος οὐδʼ ὡς ἀδικούμενος, ἀλλʼ ὡς οἰκειότατος πάντων τὴν πρὸς ἐμὲ δίκην αὐτῷ συνηγωνίζετο. κἀμὲ μὲν συναποστερῆσαι μετʼ ἐκείνου τῶν πατρῴων ἐπεχείρησεν, καθʼ ὅσον αὐτὸς οἷός τʼ ἦν, ὑφʼ οὗ κακὸν οὐδʼ ὁτιοῦν ἦν πεπονθώς· Ἀφόβῳ δʼ, ὃν ἀλλότριον εἶναι προσῆκε νομίζειν, εἴ τι τούτων ἀληθὲς ἦν ὧν νῦν λέγουσιν, καὶ τἀμὰ πρὸς τοῖς ἐκείνου περιποιεῖν ἐζήτησεν.

[¶30] 32. Nor was it only at the trial that he acted thus, but after judgement had been rendered against Aphobus, he got up before the court and begged the jurymen, beseeching and imploring them on behalf of Aphobus with tears in his eyes, to fix the damages at a talent, and offered himself as surety for this amount. These facts are admitted on all hands. Those who were then serving on the jury in the courtroom and many of the bystanders know them well. Nevertheless I will produce witnesses. Take, and read this deposition. The Deposition Besides all this, men of the jury, there is strong evidence from which it is easy to see that the woman in reality continued to live with Aphobus and even up to the present day has not separated from him.

> Greek: 32. καὶ οὐ μόνον ἐνταῦθα τοῦτʼ ἐποίησεν, ἀλλὰ καὶ κατεγνωσμένης ἤδη τῆς δίκης, ἀναβὰς ἐπὶ τὸ δικαστήριον ἐδεῖθʼ ἱκετεύων ὑπὲρ αὐτοῦ καὶ ἀντιβολῶν καὶ δάκρυσι κλάων ταλάντου τιμῆσαι, καὶ τούτου αὐτὸς ἐγίγνετʼ ἐγγυητής. καὶ ταῦθʼ ὁμολογούμενα μέν ἐστιν πολλαχόθεν (οἵ τε γὰρ ἐν τῷ δικαστηρίῳ τότε δικάζοντες καὶ τῶν ἔξωθεν παρόντων πολλοὶ συνίσασιν), ὅμως δὲ καὶ μάρτυρας ὑμῖν παρέξομαι. καί μοι λαβὲ ταύτην τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.

[¶31] 33. In fact, this woman, before she came to Aphobus, was not unwedded for one single day, but left her living husband, Timocrates, to come and live with Aphobus; and now during the space of three years she has manifestly married no one else. Can anyone believe that she then went directly from husband to husband, in order to avoid living as a widow, but that now, supposing she has really left her husband, she would have endured to remain a widow for so long when she might have married someone else, seeing that her brother possessed so large a fortune, and she herself was so young?

> Greek: 33. ἔτι τοίνυν, ὦ ἄνδρες δικασταί, καὶ τεκμηρίῳ μεγάλῳ γνῶναι ῥᾴδιον, ὅτι τῇ ἀληθείᾳ συνῴκει καὶ οὐδέπω καὶ τήμερον ἀπολέλοιπεν. αὕτη γὰρ ἡ γυνή, πρὶν μὲν ὡς Ἄφοβον ἐλθεῖν, μίαν ἡμέραν οὐκ ἐχήρευσεν, ἀλλὰ παρὰ ζῶντος Τιμοκράτους ἐκείνῳ συνῴκησεν, νῦν δʼ ἐν τρισὶν ἔτεσιν ἄλλῳ συνοικοῦσʼ οὐδενὶ φαίνεται. καίτοι τῷ πιστόν, ὡς τότε μέν, ἵνα μὴ χηρεύσειεν, παρʼ ἀνδρὸς ὡς ἄνδρʼ ἐβάδιζεν, νῦν δʼ, εἴπερ ὡς ἀληθῶς ἀπολέλοιπεν, τοσοῦτον ἂν χρόνον χηρεύουσʼ ἠνείχετʼ ἐξὸν ἄλλῳ συνοικεῖν, τοῦ τʼ ἀδελφοῦ κεκτημένου τοσαύτην οὐσίαν, αὐτή τε ταύτην ἔχουσα τὴν ἡλικίαν;

[¶32] 34. There is no truth in it, men of the jury; you cannot believe it. It is a pure fiction. No; the woman is living openly with Aphobus, and makes no secret of the matter. I shall bring before you the evidence of Pasiphon, who cared for her when she was ill, and who saw Aphobus sitting by her side in this very year, when my suit against the defendant had already been instituted. Take Pasiphon’s deposition. The Deposition I knew, men of the jury, that the defendant, immediately on the conclusion of the suit, had received the goods from the house of Aphobus, and had come into control of his property and all my estate as well, and I knew, further, that beyond all doubt the woman was living with Aphobus.

> Greek: 34. οὐκ ἔχει ταῦτʼ ἀλήθειαν, ὦ ἄνδρες δικασταί, πιθανήν, ἀλλὰ λόγοι ταῦτʼ εἰσί, συνοικεῖ δʼ ἡ γυνὴ φανερῶς καὶ οὐκ ἐπικρύπτεται τὸ πρᾶγμα. παρέξομαι δʼ ὑμῖν Πασιφῶντος μαρτυρίαν, ὃς ἀρρωστοῦσαν αὐτὴν θεραπεύων ἑώρα παρακαθήμενον Ἄφοβον ἐπὶ τούτου τοῦ ἄρχοντος, ἤδη τούτῳ ταυτησὶ τῆς δίκης εἰληγμένης. καί μοι λαβὲ τὴν Πασιφῶντος μαρτυρίαν. ΜΑΡΤΥΡΙΑ.

[¶33] 35. I therefore demanded of Onetor three female slaves, who knew that the woman was living with Aphobus and that the effects were in the hands of these men, in order that we might not have mere statements but that the matters might be established by proof from the torture.

> Greek: 35. ἐγὼ τοίνυν εἰδώς, ὦ ἄνδρες δικασταί, καὶ μετὰ τὴν δίκην τοῦτον εὐθὺς ἀποδεδεγμένον τὰ ἐκ τῆς οἰκίας τῆς Ἀφόβου χρήματα, καὶ κύριον τῶν τʼ ἐκείνου καὶ τῶν ἐμῶν ἁπάντων γεγενημένον, καὶ συνοικοῦσαν [αὐτῷ] τὴν γυναῖκα σαφῶς ἐπιστάμενος, τρεῖς θεραπαίνας ἐξῄτησʼ αὐτόν, αἳ συνοικοῦσάν τε τὴν γυναῖκʼ ᾔδεσαν καὶ τὰ χρήμαθʼ ὅτι παρὰ τούτοις ἦν, ἵνα μὴ λόγοι μόνον, ἀλλὰ καὶ βάσανοι περὶ αὐτῶν γίγνοιντο.

[¶34] 36. But Onetor, when I made this challenge to him, and all those present declared that my proposal was just, refused to have recourse to this certain test, but, as though there were other and surer proofs regarding such matters than torture and testimony, he produced no witnesses to prove that he had paid the dowry, nor would he give up for torture the female slaves who knew the fact, to prove that his sister was not living with Aphobus; and, because I made this demand of him, he in an outrageous and insulting manner refused to let me talk to him. Could there be a man more impossible to deal with than he, or more ready to pretend ignorance of what is right? Take the challenge itself and read it. The Challenge You on your part hold that in both private and public matters the torture is the most certain of all methods of proof, and when slaves and freemen are both available, and the truth of a matter is to be sought out, you make no use of the testimony of the freemen, but seek to ascertain the truth by torturing the slaves; and very properly, men of the jury.

> Greek: 36. οὗτος δʼ ἐμοῦ προκαλεσαμένου ταῦτα, καὶ πάντων τῶν παρόντων δίκαια λέγειν μʼ ἀποφηναμένων, οὐκ ἠθέλησεν εἰς τοῦτο τἀκριβὲς καταφυγεῖν, ἀλλʼ ὥσπερ ἑτέρων τινῶν ὄντων περὶ τῶν τοιούτων σαφεστέρων ἐλέγχων ἢ βασάνων καὶ μαρτυριῶν, οὔτε μάρτυρας παρεχόμενος τὴν προῖχʼ ὡς ἀπέδωκεν, οὔτʼ εἰς βάσανον ἐκδιδοὺς τὰς συνειδυίας περὶ τοῦ μὴ συνοικεῖν τὴν ἀδελφήν, ὅτι ταῦτʼ ἠξίουν, ὑβριστικῶς πάνυ καὶ προπηλακιστικῶς οὐκ εἴα μʼ αὑτῷ διαλέγεσθαι. τούτου γένοιτʼ ἄν τις σχετλιώτερος ἄνθρωπος, ἢ μᾶλλον ἑκὼν τὰ δίκαιʼ ἀγνοεῖν προσποιούμενος; λαβὲ δʼ αὐτὴν τὴν πρόκλησιν καὶ ἀνάγνωθι. ΠΡΟΚΛΗΣΙΣ.

[¶35] 37. For of witnesses who have given testimony there have been some ere now who have been thought not to tell the truth; but of slaves put to the torture no one has ever been convicted of giving false testimony. Yet Onetor, after refusing a test so fair, and rejecting proofs so clear and so convincing, will produce Aphobus and Timocrates as witnesses, the one that he has paid the dowry, and the other that he has received it, and will demand that you believe him, when he pretends that his transactions with them were without witnesses. For such simpletons does he take you.

> Greek: 37. ὑμεῖς τοίνυν καὶ ἰδίᾳ καὶ δημοσίᾳ βάσανον ἀκριβεστάτην πασῶν ⟨πίστεων⟩ νομίζετε, καὶ ὅπου ἂν δοῦλοι καὶ ἐλεύθεροι παραγένωνται, δέῃ δʼ εὑρεθῆναι τὸ ζητούμενον, οὐ χρῆσθε ταῖς τῶν ἐλευθέρων μαρτυρίαις, ἀλλὰ τοὺς δούλους βασανίζοντες, οὕτω ζητεῖτε τὴν ἀλήθειαν εὑρεῖν. εἰκότως, ὦ ἄνδρες δικασταί· τῶν μὲν γὰρ μαρτυρησάντων ἤδη τινὲς οὐ τἀληθῆ μαρτυρῆσαι ἔδοξαν· τῶν δὲ βασανισθέντων οὐδένες πώποτʼ ἐξηλέγχθησαν, ὡς οὐκ ἀληθῆ τὰ ἐκ τῆς βασάνου εἶπον. οὗτος δὲ τηλικαῦτα δίκαια φυγὼν καὶ σαφεῖς οὕτω καὶ μεγάλους ἐλέγχους παραλιπών, Ἄφοβον παρεχόμενος μάρτυρα καὶ Τιμοκράτην, τὸν μὲν ὡς ἀπέδωκε τὴν προῖκα, τὸν δʼ ὡς ἀπείληφεν, ἀξιώσει πιστεύεσθαι παρʼ ὑμῖν, ἀμάρτυρον τὴν πρὸς τούτους πρᾶξιν γεγενῆσθαι προσποιούμενος· τοσαύτην ὑμῶν εὐήθειαν κατέγνωκεν.

[¶36] 39. But that their words are neither true nor like the truth I think I have—by the fact that at the first they confessed that they had not paid the dowry, that again they pretended to have paid it without witnesses, that the dates do not admit of their having paid the money, seeing that the property was already in litigation, and finally by all the other evidences adduced I have, as I think, conclusively proved.

> Greek: 39. ὅτι μὲν τοίνυν οὔτʼ ἀληθῆ οὔτʼ ἀληθείᾳ ἐοικότα λέξουσιν, καὶ ἐκ τοῦ ἐξ ἀρχῆς αὐτοὺς ὁμολογεῖν τὴν προῖκα μὴ δοῦναι, καὶ ἐκ τοῦ πάλιν ἄνευ μαρτύρων ἀποδεδωκέναι φάσκειν, καὶ ἐκ τοῦ τὸν χρόνον μὴ ἐγχωρεῖν ἀμφισβητουμένης ἤδη τῆς οὐσίας ἀποδοῦναι τἀργύριον, καὶ ἐκ τῶν ἄλλων ἁπάντων ἱκανῶς ἀποδεδεῖχθαι νομίζω.