1. Having been overwhelmed by false testimony, men of Athens, and having been outrageously and cruelly treated by Phormio, I have come to win in your court a verdict against those responsible for the wrong. I beg and beseech and implore you all, in the first place to give me a favorable hearing (for it is a great thing for those who have met with misfortune, as I have done, to be able to tell others of what they have suffered, and to find in you listeners who are kindly disposed); and in the second place, if I shall seem to you to be the victim of wrongdoing, to render me the aid which is my due.
1. καταψευδομαρτυρηθείς, ὦ ἄνδρες Ἀθηναῖοι, καὶ παθὼν ὑπὸ Φορμίωνος ὑβριστικὰ καὶ δεινά, δίκην παρὰ τῶν αἰτίων ἥκω ληψόμενος παρʼ ὑμῖν. δέομαι δὲ πάντων ὑμῶν καὶ ἱκετεύω καὶ ἀντιβολῶ πρῶτον μὲν εὐνοϊκῶς ἀκοῦσαί μου (μέγα γὰρ τοῖς ἠτυχηκόσιν, ὥσπερ ἐγώ, δυνηθῆναι περὶ ὧν πεπόνθασιν εἰπεῖν καὶ εὐμενῶς ἐχόντων ὑμῶν ἀκροατῶν τυχεῖν), εἶτʼ ἐὰν ἀδικεῖσθαι δοκῶ, βοηθῆσαί μοι τὰ δίκαια.
2. I shall prove to you that this man Stephanus has both given false testimony, and has done this from a base desire for gain, and that he is convicted out of his own lips; so transparent is the case from every point of view. And I shall endeavor to relate to you in the fewest possible words all that has taken place between Phormio and myself from the first; and after hearing this you will be convinced both of the villainy of Phormio and that these men have borne false testimony.
2. ἐπιδείξω δʼ ὑμῖν τουτονὶ Στέφανον καὶ μεμαρτυρηκότα ⟨τὰ⟩ ψευδῆ, καὶ διʼ αἰσχροκερδίαν τοῦτο πεποιηκότα, καὶ κατήγορον αὐτὸν αὑτοῦ γιγνόμενον· τοσαύτη περιφάνεια τοῦ πράγματός ἐστιν. ἐξ ἀρχῆς δʼ ὡς ἂν οἷός τʼ ὦ διὰ βραχυτάτων εἰπεῖν πειράσομαι τὰ πεπραγμένα μοι πρὸς Φορμίωνα, ἐξ ὧν ἀκούσαντες τήν τʼ ἐκείνου πονηρίαν καὶ τούτους, ὅτι τὰ ψευδῆ μεμαρτυρήκασιν, γνώσεσθε.
3. As for myself, men of the jury, a large property was left me by my father, and this was in the possession of Phormio, who furthermore had married my mother while I was out of the country on public business, serving as your trierarch. (How he managed it, perhaps it is not proper for a son fully to explain about his mother.) When I returned and learned of this and saw what had been done, although I was greatly incensed and took it much to heart, I was unable to bring a private action (for there were no actions at that time, since you put off all such matters because of the war ), but I indicted him before the Thesmothetae on the charge of outrage.
3. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, πολλῶν χρημάτων ὑπὸ τοῦ πατρὸς καταλειφθέντων μοι, καὶ ταῦτα Φορμίωνος ἔχοντος, καὶ ἔτι πρὸς τούτοις τὴν μητέρα γήμαντος τὴν ἐμὴν ἀποδημοῦντος ἐμοῦ δημοσίᾳ τριηραρχοῦντος ὑμῖν (ὃν τρόπον δέ, οὐκ ἴσως καλὸν υἱεῖ περὶ μητρὸς ἀκριβῶς εἰπεῖν), ἐπειδὴ καταπλεύσας ᾐσθόμην καὶ τὰ πεπραγμένʼ εἶδον, πόλλʼ ἀγανακτήσας καὶ χαλεπῶς ἐνεγκὼν δίκην μὲν οὐχ οἷός τʼ ἦν ἰδίαν λαχεῖν (οὐ γὰρ ἦσαν ἐν τῷ τότε καιρῷ δίκαι, ἀλλʼ ἀνεβάλλεσθʼ ὑμεῖς διὰ τὸν πόλεμον), γραφὴν δʼ ὕβρεως γράφομαι πρὸς τοὺς θεσμοθέτας αὐτόν.
4. However, time passed and the indictment was evaded (seeing that actions were not being held), and moreover children were born by my mother to Phormio, and after this (for the whole truth shall be told you, men of the jury), many kindly overtures were made on the part of my mother, and pleas on behalf of this man Phormio, and many overtures on the part of Phormio himself that were both moderate and humble in their terms.
4. χρόνου δὲ γιγνομένου, καὶ τῆς μὲν γραφῆς ἐκκρουομένης, δικῶν δʼ οὐκ οὐσῶν, γίγνονται παῖδες ἐκ τούτου τῇ μητρί. καὶ μετὰ ταῦτα (εἰρήσεται γὰρ ἅπασα πρὸς ὑμᾶς ἡ ἀλήθειʼ, ὦ ἄνδρες δικασταί) πολλοὶ μὲν καὶ φιλάνθρωποι λόγοι παρὰ τῆς μητρὸς ἐγίγνοντο καὶ δεήσεις ὑπὲρ Φορμίωνος τουτουί, πολλοὶ δὲ καὶ μέτριοι καὶ ταπεινοὶ παρʼ αὐτοῦ τούτου.
5. However, to make the story brief, men of Athens, he would not do one of the things to which he had agreed, and tried to withhold from me the money which he held as capital in the bank; so then I was compelled to enter suit against him at the earliest opportunity. Phormio on his part, seeing that everything would be brought to light, and that he would be proved to have acted toward me as the basest of humankind, contrived and concocted this plot in furtherance of which the defendant Stephanus gave this false testimony against me. In the first place, he entered a special plea in the suit in which he was defendant, claiming that the suit was not admissible; and then he produced false witnesses who stated that I had given him a release from my claims, and who deposed to a forged lease and to a will which never existed.
5. ἵνα δʼ, ὦ ἄνδρες Ἀθηναῖοι, συντέμω ταῦτα, ἐπειδὴ ποιεῖν τʼ οὐδὲν ᾤετο δεῖν ὧν τόθʼ ὡμολόγησεν, καὶ τὰ χρήματʼ ἀποστερεῖν ἐνεχείρησεν ἃ τῆς τραπέζης εἶχεν ἀφορμήν, δίκην ἠναγκάσθην αὐτῷ λαχεῖν, ἐπειδὴ τάχιστʼ ἐξουσία ἐγένετο. γνοὺς δʼ οὗτος ὅτι πάντʼ ἐξελεγχθήσεται καὶ κάκιστος ἀνθρώπων περὶ ἡμᾶς γεγονὼς ἐπιδειχθήσεται, μηχανᾶται καὶ κατασκευάζει ταῦτα, ἐφʼ οἷς Στέφανος οὑτοσὶ τὰ ψευδῆ μου κατεμαρτύρησε. καὶ πρῶτον μὲν παρεγράψατο τὴν δίκην [ἣν ἔφευγεν Φορμίων] μὴ εἰσαγώγιμον εἶναι· ἔπειτα μάρτυρας, ὡς ἀφῆκʼ αὐτὸν τῶν ἐγκλημάτων, παρέσχετο ψευδεῖς, καὶ μισθώσεώς τινος ἐσκευωρημένης καὶ διαθήκης οὐδεπώποτε γενομένης.
6. He had the advantage over me in being the first speaker, because this was a special plea and the case was not coming to trial upon the real issue, and by reading these documents and making other false statements which he thought would favor his case, he made such an impression on the jury that they refused to hear a single word from me. I was fined one-sixth of the amount claimed, was denied the right of a hearing, and was treated with such contumely as I doubt if any other man ever was, and I went from the court, men of Athens, taking the matter bitterly and grievously to heart.
6. προλαβὼν δέ μου ὥστε πρότερος λέγειν διὰ τὸ παραγραφὴν εἶναι καὶ μὴ εὐθυδικίᾳ εἰσιέναι, καὶ ταῦτʼ ἀναγνοὺς καὶ τἄλλʼ ὡς αὑτῷ συμφέρειν ἡγεῖτο ψευσάμενος, οὕτω διέθηκε τοὺς δικαστάς, ὥστε φωνὴν μηδʼ ἡντινοῦν ἐθέλειν ἀκούειν ἡμῶν· προσοφλὼν δὲ τὴν ἐπωβελίαν καὶ οὐδὲ λόγου τυχεῖν ἀξιωθείς, ἀλλʼ ὑβρισθεὶς ὡς οὐκ οἶδʼ εἴ τις πώποτʼ ἄλλος ἀνθρώπων, ἀπῄειν βαρέως, ὦ ἄνδρες Ἀθηναῖοι, καὶ χαλεπῶς φέρων.
7. Upon going over it in my own mind, however, I see that there was abundant excuse for those who gave that verdict (for I do not know what other vote I could myself have given, if I had known nothing of the facts and had heard the testimony), but that our anger should fall upon these men who by giving false testimony were responsible for this result. Of the others who have given testimony I shall speak when I proceed against them, but regarding the testimony of the defendant Stephanus I shall try to instruct you at once.
7. λόγον δʼ ἐμαυτῷ διδοὺς εὑρίσκω τοῖς δικάσασι μὲν τότε πολλὴν συγγνώμην οὖσαν (ἐγὼ γὰρ αὐτὸς οὐκ ἂν οἶδʼ ὅ τι ἄλλʼ εἶχον ψηφίσασθαι, τῶν πεπραγμένων μὲν μηδὲν εἰδώς, τὰ δὲ μαρτυρούμενʼ ἀκούων), τούτους δʼ ἀξίους ὄντας ὀργῆς, οἳ τῷ τὰ ψευδῆ μαρτυρεῖν αἴτιοι τούτων ἐγένοντο. περὶ μὲν δὴ τῶν ἄλλων τῶν μεμαρτυρηκότων, ὅταν πρὸς ἐκείνους εἰσίω, τότʼ ἐρῶ· περὶ ὧν δʼ οὑτοσὶ Στέφανος μεμαρτύρηκεν, ἤδη πειράσομαι διδάσκειν ὑμᾶς.
8. (To the clerk.) Take the deposition itself, and read it, please, that from its very language I may prove my point. (To the clerk.)Read; and do you check the water. The Deposition “Stephanus, son of Menecles, of Acharnae, Endius, son of Epigenes, of Lamptrae, Scythes, son of Harmateus, of Cydathenaeum depose that they were present before the arbitrator Teisias, of Acharnae, when Phormio challenged Apollodorus, if he declared that the document which Phormio put into the box was not a copy of the will of Pasio, to open the will of Pasio, which Amphias, brother-in-law of Cephisophon, submitted to the arbitrator; and that Apollodorus refused to open it; and that the document in question was a copy of the will of Pasio.”
8. λαβὲ δʼ αὐτὴν τὴν μαρτυρίαν καὶ ἀνάγνωθί μοι, ἵνʼ ἐξ αὐτῆς ἐπιδεικνύω. λέγε· σὺ δʼ ἐπίλαβε τὸ ὕδωρ. ΜΑΡΤΥΡΙΑ. στέφανος Μενεκλέους Ἀχαρνεύς, Ἔνδιος Ἐπιγένους Λαμπτρεύς, Σκύθης Ἁρματέως Κυδαθηναιεὺς μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ Τεισίᾳ Ἀχαρνεῖ, ὅτε προὐκαλεῖτο Φορμίων Ἀπολλόδωρον, εἰ μή φησιν ἀντίγραφα εἶναι τῶν διαθηκῶν τῶν Πασίωνος τὸ γραμματεῖον ὃ ἐνεβάλετο Φορμίων εἰς τὸν ἐχῖνον, ἀνοίγειν τὰς διαθήκας τὰς Πασίωνος, ἃς παρεῖχε πρὸς τὸν διαιτητὴν Ἀμφίας ὁ Κηφισοφῶντος κηδεστής· Ἀπολλόδωρον δὲ οὐκ ἐθέλειν ἀνοίγειν· εἶναι δὲ τάδε ἀντίγραφα τῶν διαθηκῶν τῶν Πασίωνος.
9. You have heard the deposition, men of the jury, and I think that even if you have noticed nothing else, this at least must have seemed strange to you, that it begins with a challenge and ends with a will. However, I on my part, count it right, when I shall have shown what may be called the main substance of the testimony to be false, then, and not till then, to say something also about matters of that sort.
9. ἠκούσατε μὲν τῆς μαρτυρίας, ὦ ἄνδρες δικασταί, νομίζω δʼ ὑμᾶς, εἰ καὶ μηδὲν τῶν ἄλλων αἰσθάνεσθέ πω, τοῦτό γʼ αὐτὸ θαυμάζειν, τὸ τὴν μὲν ἀρχὴν τῆς μαρτυρίας εἶναι πρόκλησιν, τὴν δὲ τελευτὴν διαθήκην. οὐ μὴν ἀλλʼ ἔγωγʼ οἶμαι δεῖν, ἐπειδάν, ὃ τῶν μεμαρτυρημένων ὡσπερεὶ κεφάλαιόν ἐστιν, ἐπιδείξω ψεῦδος ὄν, τηνικαῦτʼ ἤδη καὶ περὶ τῶν τοιούτων ποιεῖσθαι τοὺς λόγους.
10. Well, then, it is deposed by them that Phormio challenged me to open the will which Amphias, brother—in—law of Cephisophon, submitted to the arbitrator Teisias; and that I refused to open it; and that the will to which they themselves deposed was a copy of that original; and then follows a copy of the will.
10. ἔστι δὴ μεμαρτυρημένον αὐτοῖς προκαλεῖσθαι Φορμίωνʼ ἀνοίγειν τὰς διαθήκας, ἃς παρέχειν πρὸς τὸν διαιτητὴν Τεισίαν Ἀμφίαν τὸν Κηφισοφῶντος κηδεστήν· ἐμὲ δʼ οὐκ ἐθέλειν ἀνοίγειν· εἶναι δʼ ἃς αὐτοὶ μεμαρτυρήκασιν διαθήκας ἀντιγράφους ἐκείνων. εἶθʼ ἡ διαθήκη γέγραπται.
11. Now as to whether Phormio tendered me this challenge or not, and whether the will is genuine or spurious I say nothing as yet; I will discuss these matters before you presently; but I will take up the testimony they have given, that I refused to open the document. I would have you look at the matter in this way—what reason would anyone have had for refusing to open it? In order, one may say, that the will might not be shown to the jury.
11. ἐγὼ τοίνυν περὶ μὲν τοῦ προκαλεῖσθαί με ἢ μὴ ταῦτα Φορμίωνα, οὐδέν πω λέγω, οὐδʼ ὑπὲρ τοῦ τὰς διαθήκας ἀληθεῖς ἢ ψευδεῖς εἶναι, ἀλλʼ αὐτίχʼ ὑμᾶς περὶ τούτων διδάξω· ἀλλʼ ἃ μεμαρτυρήκασι, μή μʼ ἐθέλειν τὸ γραμματεῖον ἀνοίγειν, ὡδὶ δὴ σκοπεῖτε. τοῦ τις ἂν εἵνεκʼ ἔφευγεν ἀνοίγειν τὸ γραμματεῖον; ἵνʼ ἡ διαθήκη νὴ Δία μὴ φανερὰ γένοιτο τοῖς δικασταῖς.
12. Well and good. If they had not deposed to the will as well as to the challenge, there would have been some reason in my refusing to open the document; but since they deposed to both, and the jurymen were going to hear the will in any case, what advantage was there for me in refusing? None, assuredly. Quite the contrary, men of Athens; even if these men had tendered no challenge, but had merely talked of the matter, and someone had delivered a document to them as a will, it would have been my business to tender the challenge and to order them to open it, in order that, if the contents differed from the statements which these men had made in their deposition, I might have called a number of the bystanders as witnesses, and have used this fact as a proof that the rest of their story too was a fabrication; but, if the contents were the same, I might have required the one presenting it to give evidence himself.
12. εἰ μὲν τοίνυν μὴ προσεμαρτύρουν τῇ προκλήσει τὴν διαθήκην οὗτοι, λόγον εἶχέ τινʼ ἂν τὸ φεύγειν ἔμʼ ἀνοίγειν τὸ γραμματεῖον· προσμαρτυρούντων δὲ τούτων καὶ τῶν δικαστῶν ὁμοίως ἀκουσομένων, τί ἦν μοι κέρδος τὸ μὴ ʼθέλειν; οὐδὲ ἓν δήπου. αὐτὸ γὰρ τοὐναντίον, ὦ ἄνδρες Ἀθηναῖοι, κἂν εἰ μηδὲν προὐκαλοῦνθʼ οὗτοι, λόγῳ δʼ ἐχρῶντο μόνον, καὶ παρεῖχέν τις αὐτοῖς γραμματεῖον ὡς διαθήκην, ἐμὸν ἦν τὸ προκαλεῖσθαι καὶ κελεύειν ἀνοίγειν ταύτην, ἵνʼ εἰ μὲν ἄλλʼ ἄττα τῶν ὑπὸ τούτων μεμαρτυρημένων ἦν τἀκεῖ γεγραμμένα, μάρτυρας εὐθὺς τῶν περιεστηκότων πολλοὺς ποιησάμενος τεκμηρίῳ τούτῳ καὶ περὶ τῶν ἄλλων, ὡς κατασκευάζουσιν, ἐχρώμην·
13. If he consented, I should have had a responsible witness, and, if he refused, this very fact again would have been a convincing proof for me that the affair had been concocted. And in the former case the result would have been that I had one person with whom to deal, whereas according to the depositions of these men I have many. Is there anyone among you who would have chosen the latter course? I think not one of you would have.
13. εἰ δὲ ταὔτʼ ἐνῆν, τὸν παρασχόντʼ αὐτὸν ἠξίουν μαρτυρεῖν. ἐθελήσαντος μέν γʼ ὑπεύθυνον ἐλάμβανον, εἰ δʼ ἔφευγε, πάλιν αὐτὸ τοῦθʼ ἱκανὸν τεκμήριον ἦν μοι τοῦ πεπλάσθαι τὸ πρᾶγμα. καὶ δὴ καὶ συνέβαινεν ἐκείνως μὲν ἕνʼ εἶναι πρὸς ὃν τὰ πράγματʼ ἐγίγνετό μοι, ὡς δʼ οὗτοι μεμαρτυρήκασι, πρὸς πολλούς. ἔστιν οὖν ὅστις ⟨ἂν⟩ ὑμῶν ταῦθʼ εἵλετο; ἐγὼ μὲν οὐδένʼ ἡγοῦμαι.
14. Well then, you ought not to believe it of anyone else either. For, men of Athens, in all courses of action which involve anger or some getting of gain or exasperation or a spirit of jealousy, different persons will act in different ways in accordance with their several dispositions; but in all cases where none of these things is involved, but merely a calm calculation of one’s own interest, who would be so senseless as to dismiss what would help him and do what would make it more difficult for him to win his case? Yet a course of action which is neither natural nor reasonable, which, in short, no human being would have undertaken—this these witnesses have attributed to me.
14. οὐ τοίνυν οὐδὲ κατʼ ἄλλου πιστεύειν ἐστὲ δίκαιοι. καὶ γάρ, ὦ ἄνδρες Ἀθηναῖοι, ὅσοις μὲν πρόσεστιν ὀργὴ τῶν πραττομένων ἢ λῆμμά τι κέρδους ἢ παροξυσμὸς ἢ φιλονικία, ταῦτα μὲν ἄλλος ἂν ἄλλως πράξειε πρὸς τὸν αὑτοῦ τρόπον· ὅσοις δὲ τούτων μὲν μηδέν, λογισμὸς δʼ ἐφʼ ἡσυχίας τοῦ συμφέροντος, τίς οὕτως ἄφρων ὅστις ἂν τὰ συνοίσοντʼ ἀφείς, ἐξ ὧν κάκιον ἔμελλεν ἀγωνιεῖσθαι, ταῦτʼ ἔπραξεν; ἃ γὰρ οὔτʼ εἰκότʼ οὔτʼ εὔλογʼ οὔτʼ ἂν ἔπραξεν οὐδείς, ταῦθʼ οὗτοι μεμαρτυρήκασιν περὶ ἡμῶν.
15. Moreover, it is not only from what they have stated in their deposition regarding my refusal to open the document that one can tell that they are lying, but also from the fact that they have deposed at one and the same time both to a challenge and to a will. For I think you are all aware that challenges were devised for all transactions which it is impossible to bring before you;
15. οὐ τοίνυν μόνον ἐξ ὧν ἐμὲ μὴ ʼθέλειν τὸ γραμματεῖον ἀνοίγειν μεμαρτυρήκασι, γνοίη τις ἂν αὐτοὺς ὅτι ψεύδονται, ἀλλὰ καὶ ἐκ τοῦ πρόκλησιν ὁμοῦ διαθήκῃ μαρτυρεῖν. οἶμαι γὰρ ἅπαντας ὑμᾶς εἰδέναι, ὅτι ὅσα μὴ δυνατὸν πρὸς ὑμᾶς ἀγαγεῖν ἐστι τῶν πεπραγμένων, τούτων προκλήσεις ηὑρέθησαν.
16. for instance, a man may not be put to torture in your presence—for this it is necessary that there be a challenge; again, if anything has been transacted and has taken place somewhere out of the country, it is necessary that for this too there should be a challenge to go by sea or land to the place where the thing was done; and so for other things of that sort. But in cases where it is possible to produce the things themselves before your eyes, what could be simpler than to produce them publicly?
16. οἷον βασανίζειν οὐκ ἔστιν ἐναντίον ὑμῶν· ἀνάγκη τούτου πρόκλησιν εἶναι. οἷον εἴ τι πέπρακται καὶ γέγονεν ἔξω που τῆς χώρας, ἀνάγκη καὶ τούτου πρόκλησιν εἶναι, πλεῖν ἢ βαδίζειν οὗ τὸ πρᾶγμʼ ἐπράχθη· καὶ τῶν ἄλλων τῶν τοιούτων. ὅπου δʼ αὐτὰ τὰ πράγματʼ ἐφʼ αὑτῶν ἔστιν ὑμῖν ἐμφανῆ ποιῆσαι, τί ἦν ἁπλούστερον ἢ ταῦτʼ ἄγειν εἰς μέσον;
17. Well, my father died at Athens, the arbitration took place in the Painted Stoa, and these men have deposed that Amphias produced the document before the arbitrator. Then, if it was genuine, the document ought to have been put into the box, and the one producing it should have so testified, in order that the jurymen might have reached a decision in accordance with the truth and after an inspection of the seals; and I, on my part, if anyone was wronging me, might have proceeded against him.
17. Ἀθήνησιν μὲν τοίνυν ὁ πατὴρ ἐτελεύτησεν οὑμός, ἐγίγνετο δʼ ἡ δίαιτʼ ἐν τῇ ποικίλῃ στοᾷ, μεμαρτυρήκασι δʼ οὗτοι παρέχειν τὸ γραμματεῖον Ἀμφίαν πρὸς τὸν διαιτητήν. οὐκοῦν εἴπερ ἀληθὲς ἦν, ἐχρῆν αὐτὸ τὸ γραμματεῖον εἰς τὸν ἐχῖνον ἐμβαλεῖν καὶ τὸν παρέχοντα μαρτυρεῖν, ἵνʼ ἐκ τῆς ἀληθείας καὶ τοῦ τὰ σημεῖʼ ἰδεῖν οἱ μὲν δικασταὶ τὸ πρᾶγμʼ ἔγνωσαν, ἐγὼ δʼ εἴ τις ἠδίκει με, ἐπὶ τοῦτον ᾖα.
18. But, as it is, no one person has taken the whole matter upon himself or given straightforward testimony, as one would do in testifying to the truth, but each has deposed to a part of the story, fancying that he is very clever and that for this reason he will escape punishment,—one of them deposing that he holds a document on which is written “the will of Pasio”; another that, being sent by the former person, he produced this document, but had no knowledge as to whether it was genuine or spurious.
18. νῦν δʼ εἷς μὲν οὐδεὶς ὅλον τὸ πρᾶγμʼ ἀνεδέξατο, οὐδὲ μεμαρτύρηκεν ἁπλῶς, ὡς ἄν τις τἀληθῆ μαρτυρήσειεν, μέρος δʼ ἕκαστος, ὡς δὴ σοφὸς καὶ διὰ τοῦτʼ οὐ δώσων δίκην, ὁ μὲν γραμματεῖον ἔχειν ἐφʼ ᾧ γεγράφθαι διαθήκη Πασίωνος, ὁ δὲ πεμφθεὶς ὑπὸ τούτου παρέχειν τοῦτο, εἰ δʼ ἀληθὲς ἢ ψεῦδος, οὐδὲν εἰδέναι.
19. These men, who are here in court, using the challenge as a screen, deposed to a will in such a way that the jurymen believed this will to be my father’s, and I was debarred from obtaining a hearing regarding my wrongs, but in such a way also that they on their part would most clearly be convicted of having given false testimony. And yet this was the very opposite of what they intended. However, that you may know that I am speaking the truth in this,(to the clerk) take the deposition of Cephisophon. The Deposition “Cephisophon, son of Cephalion, of Aphidna, deposes that a document was left him by his father, on which was inscribed “the will of Pasio.””
19. οἱδὶ δὲ τῇ προκλήσει χρησάμενοι παραπετάσματι διαθήκας ἐμαρτύρησαν, ὡς ἂν μάλισθʼ οἱ ⟨μὲν⟩ δικασταὶ ταύτην τὴν διαθήκην ἐπίστευσαν τοῦ πατρὸς εἶναι, ἐγὼ δʼ ἀπεκλείσθην τοῦ λόγου τυχεῖν ὑπὲρ ὧν ἀδικοῦμαι, οὗτοι δὲ φωραθεῖεν τὰ ψευδῆ μεμαρτυρηκότες. καίτοι τό γʼ ἐναντίον ᾤοντο τούτου. ἵνα δʼ εἰδῆτε ταῦθʼ ὅτι ἀληθῆ λέγω, λαβὲ τὴν τοῦ Κηφισοφῶντος μαρτυρίαν. ΜΑΡΤΥΡΙΑ. Κηφισοφῶν Κεφαλίωνος Ἀφιδναῖος μαρτυρεῖ καταλειφθῆναι αὑτῷ ὑπὸ τοῦ πατρὸς γραμματεῖον, ἐφʼ ᾧ ἐπιγεγράφθαι διαθήκη Πασίωνος.
20. It was a simple thing, men of the jury, for the one who gave this testimony to add “and this is the document which the deponent exhibits,” and to put the document into the box. But, I presume, he thought that this falsehood would deserve your indignation, and that you would punish him for it, whereas to testify that a document had been bequeathed to him was a trifling matter and one of no consequence. And yet it is this very thing that makes the whole matter clear, and proves that they have concocted it.
20. οὐκοῦν ἦν ἁπλοῦν, ὦ ἄνδρες δικασταί, τὸν ταῦτα μαρτυροῦντα προσμαρτυρῆσαι εἶναι δὲ τὸ γραμματεῖον, ὃ αὐτὸς παρέχει, τοῦτο, καὶ τὸ γραμματεῖον ἐμβαλεῖν. ἀλλὰ τοῦτο μὲν οἶμαι τὸ ψεῦδος ἡγεῖτʼ ὀργῆς ἄξιον, καὶ δίκην ἂν ὑμᾶς παρʼ αὑτοῦ λαβεῖν, γραμματεῖον δʼ αὑτῷ καταλειφθῆναι μαρτυρῆσαι φαῦλον καὶ οὐδέν. ἔστι δὲ τοῦτʼ αὐτὸ τὸ δηλοῦν καὶ κατηγοροῦν ὅτι πᾶν τὸ πρᾶγμα κατεσκευάκασιν.
21. For if the inscription on the will had been “the property of Pasio and Phormio” or “in the matter of Phormio,” or something of that sort, he would naturally have kept it for him; but if, as he has testified, the inscription was “the will of Pasio,” I should certainly have appropriated it, knowing that I was about to go to law, and knowing further that, if its contents were as represented, it was prejudicial to my interests; for I was the heir, and if the will was my father’s, it belonged to me, as did also all the rest of my father’s estate.
21. εἰ μὲν γὰρ ἐπῆν ἐπὶ τῆς διαθήκης Πασίωνος καὶ Φορμίωνος, ἢ πρὸς Φορμίωνα, ἢ τοιοῦτό τι, εἰκότως ἂν αὐτὴν ἐτήρει τούτῳ· εἰ δέ, ὥσπερ μεμαρτύρηκεν, ἐπῆν διαθήκη Πασίωνος, πῶς οὐκ ἂν ἀνῃρήμην αὐτὴν ἐγώ, συνειδὼς μὲν ἐμαυτῷ μέλλοντι δικάζεσθαι, συνειδὼς δʼ ὑπεναντίαν οὖσαν, εἴπερ ἦν τοιαύτη, τοῖς ἐμαυτῷ συμφέρουσιν, κληρονόμος δʼ ὢν καὶ ταύτης, εἴπερ ἦν τοὐμοῦ πατρός, καὶ τῶν ἄλλων ⟨τῶν⟩ πατρῴων ὁμοίως;
22. Well then, by its having been produced to Phormio, by its having been inscribed “the will of Pasio,” and yet ignored by me, it is proved that the will is a forgery and that the testimony of Cephisophon is false. But no more of Cephisophon; it is not with him that I have to do at present, and he has given no testimony as to the contents of the will.
22. οὐκοῦν τῷ παρέχεσθαι μὲν Φορμίωνι, γεγράφθαι δὲ Πασίωνος, εἰᾶσθαι δʼ ὑφʼ ἡμῶν, ἐξελέγχεται κατεσκευασμένη μὲν ἡ διαθήκη, ψευδὴς δʼ ἡ τοῦ Κηφισοφῶντος μαρτυρία. ἀλλʼ ἐῶ Κηφισοφῶντα· οὔτε γὰρ νῦν μοι πρὸς ἐκεῖνόν ἐστιν οὔτʼ ἐμαρτύρησεν ἐκεῖνος περὶ τῶν ἐν ταῖς διαθήκαις ἐνόντων οὐδέν.
23. And yet, men of Athens, I would have you consider how strong a proof this also is that these men have given false testimony. For when the witness who stated that he had the document in his own possession did not dare to say that the one produced by Phormio was a copy of the one in his own keeping; and when these men cannot state that they were present in the first instance or that they saw the document opened before the arbitrator, but have themselves actually deposed that I refused to open it, to have testified now that the one is a copy of the other, is not this to have accused themselves of falsifying?
23. καίτοι καὶ τοῦτο σκοπεῖτε, ὅσον ἐστὶ τεκμήριον, ὦ ἄνδρες Ἀθηναῖοι, τοῦ τούτους τὰ ψευδῆ μεμαρτυρηκέναι. εἰ γὰρ ὁ μὲν αὐτὸς ἔχειν τὸ γραμματεῖον μαρτυρῶν οὐκ ἐτόλμησεν ἀντίγραφʼ εἶναι ἃ παρείχετο Φορμίων τῶν παρʼ αὑτῷ μαρτυρῆσαι, οὗτοι δʼ οὔτʼ ἐξ ἀρχῆς ὡς παρῆσαν ἔχοιεν ἂν εἰπεῖν, οὔτʼ ἀνοιχθὲν εἶδον πρὸς τῷ διαιτητῇ τὸ γραμματεῖον, ἀλλὰ καὶ μεμαρτυρήκασιν αὐτοὶ μὴ ʼθέλειν ἔμʼ ἀνοίγειν, ταῦθʼ ὡς ἀντίγραφʼ ἐστὶν ἐκείνων μεμαρτυρηκότες τί ἄλλʼ ἢ σφῶν αὐτῶν κατήγοροι γεγόνασιν ὅτι ψεύδονται;
24. More than all this, men of Athens, any man by examining the wording of the deposition can see that it is nothing but a contrivance of theirs to the end that rightly or wrongly it may appear that my father made this will. (To the clerk.) But take the deposition itself, and read, stopping wherever I bid you, that from its own wording I may prove my point. The Deposition “… depose that they were present before the arbitrator Teisias, when Phormio challenged Apollodorus, if he declared that the document was not a copy of the will of Pasio … ” Stop reading.
24. ἔτι τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, ὡς γέγραπταί τις ἂν ἐξετάσας τὴν μαρτυρίαν γνοίη παντελῶς τοῦτο μεμηχανημένους αὐτούς, ὅπως δικαίως καὶ ἀδίκως δόξει ταῦθʼ ὁ πατὴρ οὑμὸς διαθέσθαι. λαβὲ δʼ αὐτὴν τὴν μαρτυρίαν, καὶ λέγʼ ἐπισχὼν οὗ ἄν σε κελεύω, ἵνʼ ἐξ αὐτῆς δεικνύω. ΜΑΡΤΥΡΙΑ. μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ Τεισίᾳ, ὅτε προὐκαλεῖτο Φορμίων Ἀπολλόδωρον, εἰ μή φησιν ἀντίγραφα εἶναι τῶν διαθηκῶν τῶν Πασίωνος— ἐπίσχες.ἐνθυμεῖσθʼ ὅτι τῶν διαθηκῶν γέγραπται τῶν Πασίωνος.
25. Bear in mind that the words are “of the will of Pasio.” Now persons who wished to bear witness to the truth—assuming that it is absolutely established that the challenge was tendered, which it was not—ought to have given their testimony in the following way. (To the clerk.) Read the deposition again from the beginning. The Deposition “… depose that they were present before the arbitrator Teisias … ” We do depose; for we were present. Read on. “… when Phormio challenged Apollodorus … ” This, too, they might properly have stated, assuming that he really tendered the challenge. “… if he declared that the document was not a copy of the will of Pasio … ” Stop right there.
25. καίτοι χρῆν τοὺς βουλομένους τἀληθῆ μαρτυρεῖν, εἰ τὰ μάλιστʼ ἐγίγνεθʼ ἡ πρόκλησις, ὡς οὐκ ἐγίγνετο, ἐκείνως μαρτυρεῖν. λέγε τὴν μαρτυρίαν ἀπʼ ἀρχῆς πάλιν. ΜΑΡΤΥΡΙΑ. μαρτυροῦσι παρεῖναι πρὸς τῷ διαιτητῇ Τεισίᾳ— Μαρτυροῦμεν· παρῆμεν γὰρ δή· λέγε. ὅτε προὐκαλεῖτο Φορμίων Ἀπολλόδωρον— Καὶ τοῦτο, εἴπερ προὐκαλεῖτο, ὀρθῶς ἂν ἐμαρτύρουν. εἰ μή φησιν ἀντίγραφα εἶναι τῶν διαθηκῶν τῶν Πασίωνος— ἔχʼ αὐτοῦ.οὐδʼ ἂν εἷς ἔτι δήπου τοῦτʼ ἐμαρτύρησεν, εἰ μή τις καὶ παρῆν διατιθεμένῳ τῷ πατρὶ τῷ ἐμῷ·
26. There is not a person in the world, I presume, who would have proceeded to give this testimony, unless he had been present when my father drew up the will. Instead, he would have said at once, “How do we know if there is any will of Pasio’s?”—and he would have demanded that Phormio write, as in the beginning of the challenge: “If I declared that the document was not a copy of the will which Phormio stated that Pasio had left,”—not “of the will of Pasio.” For this was to testify that there was a will (which was their intention), the other that Phormio said that there was. And, I take it, there is a world of difference between a thing’s being so, and Phormio’s saying that it is.
26. ἀλλʼ εὐθὺς ἂν εἶπε τί δʼ ἡμεῖς ἴσμεν εἴ τινές εἰσι διαθῆκαι Πασίωνος; καὶ γράφειν ἂν αὐτὸν ἠξίωσεν, ὥσπερ ἐν ἀρχῇ τῆς προκλήσεως εἰ μή φημʼ ἐγὼ ἀντίγραφα εἶναι τῶν διαθηκῶν, οὕτως ὧν φησι Φορμίων Πασίωνα καταλιπεῖν, οὐ τῶν Πασίωνος. τοῦτο μὲν γὰρ ἦν εἶναι διαθήκας μαρτυρεῖν, ὅπερ ἦν τούτοις βούλημα, ἐκεῖνο δὲ φάσκειν Φορμίωνα· πλεῖστον δὲ δήπου κεχώρισται τό τʼ εἶναι καὶ τὸ τοῦτον φάσκειν.
27. So, in order that you may know how many and how important objects were to be secured by the fabrication of the will, listen for a moment. The first, men of Athens, was this, that Phormio should escape paying the penalty for corrupting one whom it is not proper for me to name, but whom you know of yourselves, even if I do not name her; next, that he might get possession of my father’s property which was in my mother’s keeping; and in addition to this, that he might become master of everything else which belonged to us. That this is so, you will be convinced when you hear the will. For it will be found, not like that of a father writing in the interest of his sons, but like that of a slave who has shamefully misused what belonged to his master, and who is seeking how he may escape punishment.
27. ἵνα τοίνυν εἰδῆθʼ ὑπὲρ ἡλίκων καὶ ὅσων ἦν τὸ κατασκεύασμα τὸ τῆς διαθήκης, μίκρʼ ἀκούσατέ μου. ἦν γάρ, ὦ ἄνδρες Ἀθηναῖοι, τοῦτο πρῶτον μὲν ὑπὲρ τοῦ μὴ δοῦναι δίκην ὧν διεφθάρκει, ἣν ἐμοὶ μὲν οὐ καλὸν λέγειν, ὑμεῖς δʼ ἴστε, κἂν ἐγὼ μὴ λέγω, ἔπειθʼ ὑπὲρ τοῦ κατασχεῖν ὅσʼ ἦν τῷ ἡμετέρῳ πατρὶ χρήματα παρὰ τῇ μητρί, πρὸς δὲ τούτοις ὑπὲρ τοῦ καὶ τῶν ἄλλων τῶν ἡμετέρων ἁπάντων κυρίῳ γενέσθαι. ὅτι δʼ οὕτω ταῦτʼ ἔχει, τῆς διαθήκης αὐτῆς ἀκούσαντες γνώσεσθε· φανήσεται γὰρ οὐ πατρὸς ὡς ὑπὲρ υἱέων γράφοντος ἐοικυῖα διαθήκῃ, ἀλλὰ δούλου λελυμασμένου τὰ τῶν δεσποτῶν, ὅπως μὴ δώσει δίκην σκοποῦντος.
28. (To the clerk.) Read them the will itself, to which these men have deposed along with the challenge; and do you mark well what I say. The Will “This is the will of Pasio of Acharnae. I give my wife Archippê to Phormio, and I give as dowry to Archippê the talent due to me at Peparethus, the talent due to me here in Athens, a lodging-house worth one hundred minae, the female slaves and jewelry, and all else that she has in the house. All these things I give to Archippê.” You have heard, men of Athens, the large amount of the dowry,—a talent from Peparethus, a talent from Athens, a lodging-house worth a hundred minae, female slaves and jewelry, and all else that she has in her possession—I give it all, says the will; and by this clause he precludes us even from searching for any of the property that was left.
28. λέγε δʼ αὐτοῖς τὴν διαθήκην αὐτήν, ἣν οὗτοι μετὰ τῆς προκλήσεως μεμαρτυρήκασιν· ὑμεῖς δʼ ἐνθυμεῖσθʼ ἃ λέγω. ΔΙΑΘΗΚΗ. τάδε διέθετο Πασίων Ἀχαρνεύς· δίδωμι τὴν ἐμαυτοῦ γυναῖκα Ἀρχίππην Φορμίωνι, καὶ προῖκα ἐπιδίδωμι Ἀρχίππῃ τάλαντον μὲν τὸ ἐκ Πεπαρήθου, τάλαντον δὲ τὸ αὐτόθεν, συνοικίαν ἑκατὸν μνῶν, θεραπαίνας καὶ τὰ χρυσία, καὶ τἄλλα ὅσα ἐστὶν αὐτῇ ἔνδον, ἅπαντα ταῦτα Ἀρχίππῃ δίδωμι. ἠκούσατʼ, ὦ ἄνδρες Ἀθηναῖοι, τὸ πλῆθος τῆς προικός, τάλαντον ἐκ Πεπαρήθου, τάλαντον αὐτόθεν, συνοικίαν ἑκατὸν μνῶν, θεραπαίνας καὶ χρυσία, καὶ τἄλλα, φησίν, ὅσʼ ἔστιν αὐτῇ δίδωμι, τούτῳ τῷ γράμματι καὶ τοῦ ζητῆσαί τι τῶν καταλειφθέντων ἀποκλείων ἡμᾶς.
29. Now let me show you the lease under which Phormio had taken the bank from my father; for from this also, spurious though it is, you will see that the will is fabrication through and through. I will set forth for you, not a different lease, but the one which Phormio produced, in which there is an added clause setting down my father as owing Phorniio eleven talents on the deposits.
29. φέρε δὴ δείξω τὴν μίσθωσιν ὑμῖν, καθʼ ἣν ἐμεμίσθωτο τὴν τράπεζαν παρὰ τοῦ πατρὸς οὗτος. καὶ γὰρ ἐκ ταύτης καίπερ ἐσκευωρημένης ὄψεσθʼ ὅτι πλάσμʼ ὅλον ἐστὶν ἡ διαθήκη. δείξω δʼ ἣν οὗτος παρέσχετο μίσθωσιν, οὐκ ἄλλην τινά, ἐν ᾗ προσγέγραπται ἕνδεκα τάλανθʼ ὁ πατὴρ ὀφείλων εἰς τὰς παρακαταθήκας τούτῳ. ἔστι δʼ οἶμαι ταῦτα τοιαῦτα.
30. This had, I think, the following purpose. Of the effects in the house he made himself master by the will, on the ground that they had been given as a dowry with my mother, as you have just heard; but the money in the bank, about which everybody knew, and which could not be hidden, he got into his hands by representing that our father owed it, so that whatever sums he might be proved to have in his possession he might claim to have received in payment. You have perhaps imagined, because he solecizes in his speech, that he is a barbarian and a man readily to be despised. The fellow is indeed a barbarian in that he hates those whom he ought to honor; but in villainy and in bringing matters to ruin he is second to none.
30. τῶν μὲν οἴκοι χρημάτων ὡς ἐπὶ τῇ μητρὶ δοθέντων διὰ τῆς διαθήκης αὑτὸν ἐποίησε κύριον, ὥσπερ ἀκηκόατʼ ἄρτι, τῶν δʼ ἐπὶ τῆς τραπέζης ὄντων, ἃ πάντες ᾔδεσαν καὶ λαθεῖν οὐκ ἦν, διὰ τοῦ προσοφείλοντʼ ἀποφῆναι τὸν πατέρʼ ἡμῶν, ἵνα, ὅσʼ ἐξελέγχοιτʼ ἔχων, κεκομίσθαι φαίη. ὑμεῖς δʼ ἴσως αὐτὸν ὑπειλήφατε, ὅτι σολοικίζει τῇ φωνῇ, βάρβαρον καὶ εὐκαταφρόνητον εἶναι. ἔστι δὲ βάρβαρος οὗτος τῷ μισεῖν οὓς αὐτῷ προσῆκε τιμᾶν· τῷ δὲ κακουργῆσαι καὶ διορύξαι πράγματʼ οὐδενὸς λείπεται.
31. (To the clerk.) Take the lease and read it—the lease which they put in, as they did the will, by means of a challenge. The Lease of The Bank “On the following terms Pasio has let the bank to Phormio: Phormio is to pay to the sons of Pasio as rental for the bank two talents and forty minae each year above the daily expenditure, and it shall not be lawful for Phormio to carry on a banking business independently unless he first obtains the consent of the sons of Pasio. And Pasio owes the bank eleven talents upon the deposits.”
31. λαβὲ δὴ τὴν μίσθωσιν καὶ λέγε, ἣν τὸν αὐτὸν τρόπον διὰ προκλήσεως ἐνεβάλοντο. ΜΙΣΘΩΣΙΣ ΤΡΑΠΕΖΗΣ. κατὰ τάδε ἐμίσθωσε Πασίων τὴν τράπεζαν Φορμίωνι· μίσθωσιν φέρειν Φορμίωνα τῆς τραπέζης τοῖς παισὶ τοῖς Πασίωνος δύο τάλαντα καὶ τετταράκοντα μνᾶς τοῦ ἐνιαυτοῦ ἑκάστου, χωρὶς τῆς καθʼ ἡμέραν διοικήσεως· μὴ ἐξεῖναι δὲ τραπεζιτεῦσαι χωρὶς Φορμίωνι, ἐὰν μὴ πείσῃ τοὺς παῖδας τοὺς Πασίωνος. ὀφείλει δὲ Πασίων ἐπὶ τὴν τράπεζαν ἕνδεκα τάλαντα εἰς τὰς παρακαταθήκας.
32. This, men of the jury, is the agreement which Phormio produced, alleging that he had leased the bank upon these terms. You learn from hearing it read that Phormio, over and above the daily expenditure, was to pay as rent two talents and forty minae each year, and that it was not to be permitted him to carry on a banking business, unless he obtained our consent; and there is added as a final statement, “Pasio owes eleven talents upon the deposits.”
32. ἃς μὲν τοίνυν παρέσχετο συνθήκας ὡς κατὰ ταύτας μισθωσάμενος τὴν τράπεζαν, αὗταί εἰσιν, ὦ ἄνδρες δικασταί. ἀκούετε δʼ ἐν ταύταις ἀναγιγνωσκομέναις μίσθωσιν μὲν φέρειν τοῦτον, ἄνευ τῆς καθʼ ἡμέραν διοικήσεως, δύο τάλαντα καὶ τετταράκοντα μνᾶς τοῦ ἐνιαυτοῦ ἑκάστου, μὴ ἐξεῖναι δὲ τραπεζιτεύειν αὐτῷ, ἐὰν μὴ ἡμᾶς πείσῃ. προσγέγραπται δὲ τελευταῖον ὀφείλει δὲ Πασίων ἕνδεκα τάλαντα εἰς τὰς παρακαταθήκας.
33. Now, is there any man who would have submitted to the payment of so large a rental for the counter, the site, and the books? And is there any man who would have entrusted the rest of the assets to a man thanks to whom the bank had incurred so great a liability? For, if there was a shortage of so large an amount, it was incurred while Phormio was manager. For you all know that, while my father was engaged in the banking business, Phormio sat at the counter and was his manager; so that he ought rather to be in the mill than to become master of the rest of the property.
33. ἔστιν οὖν ὅστις ἂν τοῦ ξύλου καὶ τοῦ χωρίου καὶ τῶν γραμματείων τοσαύτην ὑπέμεινε φέρειν μίσθωσιν; ἔστι δʼ ὅστις ἄν, διʼ ὃν ὠφειλήκει τοσαῦτα χρήμαθʼ ἡ τράπεζα, τούτῳ τὰ λοίπʼ ἐπέτρεψεν; εἰ γὰρ ἐνεδέησεν τοσούτων χρημάτων, τούτου διοικοῦντος ἐνεδέησεν. ἴστε γὰρ πάντες, καὶ ὅτʼ ἦν ὁ πατὴρ ἐπὶ τοῦ τραπεζιτεύειν, τοῦτον καθήμενον καὶ διοικοῦντʼ ἐπὶ τῇ τραπέζῃ, ὥστʼ ἐν τῷ μυλῶνι προσῆκεν αὐτὸν εἶναι μᾶλλον ἢ τῶν λοιπῶν κύριον γενέσθαι. ἀλλʼ ἐῶ ταῦτα καὶ τἄλλʼ ὅσʼ ἂν περὶ τῶν ἕνδεκα ταλάντων ἔχοιμʼ εἰπεῖν, ὡς οὐκ ὤφειλεν ὁ πατήρ, ἀλλʼ οὗτος ὑφῄρηται.
34. However, I pass over this and all else that I might find to say about the eleven talents, to show that my father did not owe them but that Phormio secretly appropriated them. But let me remind you of the purpose for which I read the lease, namely, to prove that the will is spurious. For it stands written in the lease that it shall not be lawful for Phormio to engage in banking business, unless he obtains our consent. This clause absolutely proves the will to be spurious. For what man, who had taken precautions that the profits which Phormio might make by banking should accrue to his own children and not to Phormio himself, and to secure this end had stipulated that it should not be permitted him to engage in banking for himself, lest his interests might be separated from ours—what man, I ask, in these circumstances would have provided that Phormio should get possession of what he had himself won by his labor and left in his house?
34. ἀλλʼ οὗ ἀνέγνων εἵνεκα, τοῦ τὴν διαθήκην ψευδῆ δεῖξαι, τοῦθʼ ὑμᾶς ἀναμνήσω. γέγραπται γὰρ αὐτόθι, μὴ ἐξεῖναι δὲ τραπεζιτεύειν Φορμίωνι, ἐὰν μὴ ἡμᾶς πείσῃ. τοῦτο τοίνυν τὸ γράμμα παντελῶς δηλοῖ ψευδῆ τὴν διαθήκην οὖσαν. τίς γὰρ ⟨ἂν⟩ ἀνθρώπων, ἃ μὲν ἔμελλεν τραπεζιτεύων οὗτος ἐργάζεσθαι, ταῦθʼ ὅπως ἡμῖν τοῖς αὑτοῦ παισίν, ἀλλὰ μὴ τούτῳ γενήσεται προὐνοήθη, καὶ διὰ τοῦτο μὴ ἐξεῖναι τούτῳ τραπεζιτεύειν ἔγραψεν, ἵνα μὴ ἀφιστῆται ἀφʼ ἡμῶν· ἃ δʼ αὐτὸς εἰργασμένος ἔνδον κατέλειπε, ταῦθʼ ὅπως οὗτος λήψεται παρεσκεύασε;
35. And would he have begrudged him the banking business, in which he might have given him a share without disgrace, and yet have given him his wife, a bequest disgraceful above all others? Yes, after receiving from you the gift of citizenship, he gave his wife (if indeed he gave her) as a slave giving to his master, and not, on the contrary, as a master to a slave, and he added such a dowry as no man in Athens was ever known to give.
35. καὶ τῆς μὲν ἐργασίας ἐφθόνησεν, ἧς οὐδὲν αἰσχρὸν ἦν μεταδοῦναι· τὴν δὲ γυναῖκʼ ἔδωκεν, οὗ μεῖζον οὐδὲν ἂν κατέλιπεν ὄνειδος, τυχών γε τῆς παρʼ ὑμῶν δωρεᾶς, εἶθʼ ὥσπερ ἂν δοῦλος δεσπότῃ διδούς, ἀλλʼ οὐ τοὐναντίον, εἴπερ ἐδίδου, δεσπότης οἰκέτῃ, προστιθεὶς προῖκα ὅσην οὐδεὶς τῶν ἐν τῇ πόλει φαίνεται;
36. And yet, to have been honored with the hand of his mistress was of itself enough to make this fellow content, whereas in my father’s case, even if he received as much money as these people allege that he gave, it was not reasonable for him to make this arrangement. Nevertheless, to things which are proved to be false by the probabilities, the dates and the facts, to these this man Stephanus has not hesitated to depose.
36. καίτοι τούτῳ μὲν αὐτὸ τοῦτʼ ἀγαπητὸν ἦν, τὸ τῆς δεσποίνης ἀξιωθῆναι· τῷ πατρὶ δʼ οὐδὲ λαμβάνοντι τοσαῦτα χρήματα, ὅσα φασὶ διδόνθʼ οὗτοι, εὔλογον ἦν πρᾶξαι ταῦτα. ἀλλʼ ὅμως ἃ τοῖς εἰκόσι, τοῖς χρόνοις, τοῖς πεπραγμένοις ἐξελέγχεται ψευδῆ, ταῦτα μαρτυρεῖν οὐκ ὤκνησεν οὑτοσὶ Στέφανος.
37. Then he goes about, saying that Nicocles testified that he had served as guardian under the will, and Pasicles that he had lived as ward under the will. But for my part I hold that these very facts are proofs that neither these witnesses nor those have testified to the truth. For a person who testifies that he served as guardian under a will should certainly know what the nature of the will was, and a person who testifies that he lived as ward under a will should certainly know what the nature of the will was.
37. εἶτα λέγει περιιών, ὡς ἐμαρτύρησε μὲν Νικοκλῆς ἐπιτροπεῦσαι κατὰ τὴν διαθήκην, ἐμαρτύρησε δὲ Πασικλῆς ἐπιτροπευθῆναι κατὰ τὴν διαθήκην. ἐγὼ δʼ αὐτὰ ταῦτʼ οἶμαι τεκμήριʼ εἶναι τοῦ μήτʼ ἐκείνους τἀληθῆ μήτε τούσδε μεμαρτυρηκέναι. ὁ γὰρ ἐπιτροπεῦσαι κατὰ διαθήκας μαρτυρῶν δῆλον ὅτι καθʼ ὁποίας ἂν εἰδείη, καὶ ὁ ἐπιτροπευθῆναι κατὰ διαθήκας μαρτυρῶν δῆλον ὅτι καθʼ ὁποίας ἂν εἰδείη.
38. Why in the world, then, Stephanus, did you people depose to the will under the form of a challenge, instead of leaving the matter to them? If they on their part shall declare that they do not know the contents of the will, how is it possible for you to know them, you who have never in any way been connected with the matter? Why, pray, is it that one group of witnesses testified to these facts, and another group to those? It is as I have already told you: they divided the fraud. The one so testifying saw no danger in deposing that he served as guardian under the will, or that he lived as ward under the will, each one of them omitting to state what had been written in the will by Phormio,—no danger in deposing that one’s father had left him a document with the word “will” written on it, or anything of that sort.
38. τί οὖν μαθόντες ἐμαρτυρεῖθʼ ὑμεῖς ἐν προκλήσει διαθήκας, ἀλλʼ οὐκ ἐκείνους εἰᾶτε; εἰ γὰρ αὖ μὴ φήσουσιν εἰδέναι τὰ γεγραμμένʼ ἐν αὐταῖς, πῶς ὑμᾶς οἷόν τʼ εἰδέναι τοὺς μηδαμῇ μηδαμῶς τοῦ πράγματος ἐγγύς; τί ποτʼ οὖν οἱ μὲν ἐκεῖνα, οἱ δὲ ταῦτʼ ἐμαρτύρησαν; ὅπερ εἴρηκα καὶ πρότερον, διείλοντο τἀδικήματα, καὶ ἐπιτροπεῦσαι μὲν κατὰ διαθήκην οὐδὲν δεινὸν ἡγεῖτο μαρτυρεῖν ὁ μαρτυρῶν, οὐδʼ ἐπιτροπευθῆναι κατὰ διαθήκην, ἀφαιρῶν ἑκάτερος τὸ μαρτυρεῖν τὰ ἐν ταῖς διαθήκαις ὑπὸ τούτου γεγραμμένα, οὐδὲ καταλιπεῖν τὸν πατέρʼ αὑτῷ ἐπιγεγραμμένον γραμματεῖον διαθήκην, οὐδὲ τὰ τοιαῦτα·
39. But to testify to the existence of a will in which were involved the theft of such vast sums, the corruption of a lady, the marriage of a mistress with her slave, matters which entailed such shame and disgrace—nobody was ready to do this save these men who got up the challenge; and from them it is right to exact the penalty for the whole of this villainous fraud.
39. διαθήκας δὲ μαρτυρεῖν, ἐν αἷς χρημάτων τοσούτων κλοπή, γυναικὸς διαφθορά, γάμοι δεσποίνης, πράγματʼ αἰσχύνην καὶ ὕβριν τοσαύτην ἔχοντα, οὐδεὶς ἤθελε πλὴν οὗτοι, πρόκλησιν κατασκευάσαντες, παρʼ ὧν δίκαιον τῆς ὅλης τέχνης καὶ κακουργίας δίκην λαβεῖν.
40. Now, men of Athens, that it may be made clear to you that this fellow Stephanus has given false testimony—made clear not merely by my accusations and proofs, but also by the acts of the person who brought him forward as a witness—I wish to tell you what that person has done. As I said at the beginning of my speech, I shall show that they are their own accusers. In the suit in which this testimony was given, Phormio entered a special plea to estop me on the ground that the suit was not admissible, alleging that I had released him from all claims.
40. ἵνα τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, μὴ μόνον ἐξ ὧν ἐγὼ κατηγορῶ καὶ ἐλέγχω, δῆλος ὑμῖν γένηται τὰ ψευδῆ μεμαρτυρηκὼς οὑτοσὶ Στέφανος, ἀλλὰ καὶ ἐξ ὧν πεποίηκεν ὁ παρασχόμενος αὐτόν, τὰ πεπραγμένʼ ἐκείνῳ βούλομαι πρὸς ὑμᾶς εἰπεῖν. ὅπερ δʼ εἶπον ἀρχόμενος τοῦ λόγου, δείξω κατηγόρους γιγνομένους αὐτοὺς ἑαυτῶν. τὴν γὰρ δίκην, ἐν ᾗ ταῦτʼ ἐμαρτυρήθη, παρεγράψατο Φορμίων πρὸς ἐμὲ μὴ εἰσαγώγιμον εἶναι, ὡς ἀφέντος ἐμοῦ τῶν ἐγκλημάτων αὐτόν.
41. Now I myself know that this is false, and I shall prove it so when I proceed against those who gave this testimony; but Stephanus is not at liberty to say it is false. If, then, you should believe in the genuineness of the release, this, more than anything else, would prove that the fellow has given false testimony, and has deposed to a will that is forged. For who would be so senseless as to give a release in the presence of witnesses, that his discharge might be binding, and yet to suffer the articles of agreement, the will, and the other documents regarding which he gave the release, to remain under seal as evidence against himself?
41. τοῦτο τοίνυν ἐγὼ μὲν οἶδα ψεῦδος ὄν, καὶ ἐλέγξω δέ, ὅταν εἰσίω πρὸς τοὺς ταῦτα μεμαρτυρηκότας· τούτῳ δʼ οὐχ οἷόν τε τοῦτʼ εἰπεῖν. εἰ τοίνυν ἀληθῆ πιστεύσαιτʼ εἶναι τὴν ἄφεσιν, οὕτω καὶ μάλιστʼ ἂν οὗτος φανείη ψευδῆ μεμαρτυρηκὼς καὶ κατεσκευασμένης διαθήκης μάρτυς γεγονώς. τίς γὰρ οὕτως ἄφρων ὥστʼ ἄφεσιν μὲν ἐναντίον μαρτύρων ποιήσασθαι τοῦ βεβαίαν αὑτῷ τὴν ἀπαλλαγὴν εἶναι, τὰς δὲ συνθήκας καὶ τὰς διαθήκας καὶ τἄλλα, ὑπὲρ ὧν ἐποιεῖτο τὴν ἄφεσιν, σεσημασμένʼ ἐᾶσαι καθʼ αὑτοῦ κεῖσθαι;
42. The special plea, therefore, contradicts all the evidence, and the lease which I just now read to you contradicts this will; not one of their acts is either reasonable or straightforward or consistent with itself. In this manner their whole story is shown to be a fiction and a fraud.
42. οὐκοῦν ἐναντία μὲν ἡ παραγραφὴ πᾶσι τοῖς μεμαρτυρημένοις, ἐναντία δʼ ἣν ἀνέγνων ὑμῖν ἄρτι μίσθωσιν, τῇδε τῇ διαθήκῃ· οὐδὲν δὲ τῶν πεπραγμένων οὔτʼ εὔλογον οὔθʼ ἁπλοῦν οὔθʼ ὁμολογούμενον αὐτὸ ἑαυτῷ φαίνεται. ἐκ δὲ τούτου τοῦ τρόπου πάντα πεπλασμένα καὶ κατεσκευασμένʼ ἐλέγχεται.
43. That the statements in the deposition are true I hold that neither Stephanus himself nor anyone else in his behalf will be able to prove. I hear, however, that he is prepared to make some such statement as this, that he is responsible for a challenge, not for a deposition, and that he should be held to account, not for everything written in it, but for two things only—whether Phormio tendered me this challenge or not, and whether I refused it; these matters and no more, he will say, were included in his deposition; as for the rest, Phormio covered them in his challenge, but whether they were true or not it was not the business of the witness to inquire.
43. ὡς μὲν τοίνυν ἐστὶν ἀληθῆ τὰ μεμαρτυρημένα, οὔτʼ αὐτὸν τοῦτον οὔτʼ ἄλλον ὑπὲρ τούτου δεῖξαι δυνήσεσθαι νομίζω. ἀκούω δʼ αὐτὸν τοιοῦτόν τι παρεσκευάσθαι λέγειν, ὡς προκλήσεώς ἐστιν ὑπεύθυνος, οὐχὶ μαρτυρίας, καὶ δυοῖν αὐτῷ προσήκει δοῦναι λόγον, οὐ πάντων τῶν γεγραμμένων, εἴ τε προὐκαλεῖτό με ταῦτα Φορμίων ἢ μή, καὶ εἰ μὴ ἐδεχόμην ἐγώ· ταῦτα μὲν γὰρ ἁπλῶς αὐτὸς μεμαρτυρηκέναι φήσει, τὰ δʼ ἄλλʼ ἐκεῖνον προκαλεῖσθαι, εἰ δʼ ἐστὶν ἢ μὴ ταῦτα, οὐδὲν προσήκειν αὑτῷ σκοπεῖν.
44. In answer to this argument and to the man’s impudence it is better that I say a few words to you in advance, that you be not taken at unawares and misled. In the first place, when he tries to bring forward the argument that he is not responsible for the entire content of the deposition, bear in mind that the reason why the law requires people to give evidence in written form is that it may not be open to them to strike out any part of what has been written, or add anything to it. He should at the time have demanded the erasure of the statements to which he will now deny having deposed, and not try now to brazen it out, while they stand in the document.
44. πρὸς δὴ τὸν λόγον τοῦτον καὶ τὴν ἀναίδειαν βέλτιόν ἐστι μικρὰ προειπεῖν ὑμῖν, ἵνα μὴ λάθητʼ ἐξαπατηθέντες. πρῶτον μέν, ὅταν ἐγχειρῇ λέγειν τοῦτο, ὡς ἄρʼ οὐ πάντων ὑπεύθυνός ἐστιν, ἐνθυμεῖσθʼ ὅτι διὰ ταῦθʼ ὁ νόμος μαρτυρεῖν ἐν γραμματείῳ κελεύει, ἵνα μήτʼ ἀφελεῖν ἐξῇ μήτε προσθεῖναι τοῖς γεγραμμένοις μηδέν. τότʼ οὖν αὐτὸν ἔδει ταῦτʼ ἀπαλείφειν κελεύειν ἃ νῦν οὐ φήσει μεμαρτυρηκέναι, οὐ νῦν ἐνόντων ἀναισχυντεῖν.