1. Let no one of you think, men of the jury, that it is a thing beyond belief that Timotheus should have owed money to my father and is now being prosecuted by me in this suit. On the contrary, when I have called to your minds the occasion on which the loan was contracted and the events in which the defendant was at that time involved and the straits to which he was reduced, you will then hold that my father was most generous to Timotheus, and that the defendant is not only ungrateful, but is the most dishonest of humankind;
1. μηδενὶ ὑμῶν ἄπιστον γενέσθω, ὦ ἄνδρες δικασταί, εἰ Τιμόθεος ὀφείλων ἀργύριον τῷ πατρὶ τῷ ἐμῷ φεύγει νῦν ὑπʼ ἐμοῦ ταύτην τὴν δίκην. ἀλλʼ ἐπειδὰν ὑμᾶς ἀναμνήσω τόν τε καιρὸν ἐν ᾧ τὸ συμβόλαιον ἐγένετο, καὶ τὰ συμβάντα τούτῳ ἐν ἐκείνῳ τῷ χρόνῳ, καὶ εἰς ὅσην ἀπορίαν κατέστη οὗτος, τότε ἡγήσεσθε τὸν μὲν πατέρα τὸν ἐμὸν βέλτιστον γενέσθαι περὶ Τιμόθεον, τοῦτον δὲ οὐ μόνον ἀχάριστον εἶναι, ἀλλὰ καὶ ἀδικώτατον πάντων ἀνθρώπων, ὅς γε τυχὼν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ ὅσων ἐδεήθη καὶ λαβὼν ἀργύριον ἀπὸ τῆς τραπέζης, ἐν πολλῇ ἀπορίᾳ ὢν κἀν κινδύνοις τοῖς μεγίστοις καθεστηκὼς περὶ τῆς ψυχῆς, οὐ μόνον οὐκ ἀπέδωκε χάριν, ἀλλὰ καὶ τὸ δοθὲν ἀποστερεῖ με.
2. for he got from my father all that he asked, and received from the bank money at a time when he was in great need and when he was in grievous danger of losing his life; yet he has not only made no return, but even seeks to rob me of the money which was granted him. And yet, if matters had gone badly with Timotheus, my father’s money, too, was lost, for he lent it without security and without witnesses; but, if the defendant got off safe, it rested with him to choose when, having the funds available, he should pay us back.
2. καίτοι σφαλέντος μὲν τούτου ἀπώλλυτο καὶ τῷ πατρὶ τῷ ἐμῷ τὸ συμβόλαιον· οὔτε γὰρ ἐπʼ ἐνεχύρῳ οὔτε μετὰ μαρτύρων ἔδωκεν· σωθέντος δὲ ἐπὶ τούτῳ ἐγίγνετο, ὁπότε βούλοιτο εὐπορήσας ἡμῖν ἀποδοῦναι.
3. But for all that, men of the jury, my father did not count the holding of large sums of money as important a matter as to supply Timotheus with what he needed in the time of his distress. No, my father thought, men of the jury, that, if Timotheus then got safely out of those dangers and returned home from the service of the king, when the defendant was in better circumstances than at the time, he would not only recover his money, but would be in a position to obtain whatever else he might wish from Timotheus.
3. ἀλλʼ ὅμως, ὦ ἄνδρες δικασταί, οὐ περὶ πλείονος ἐποιήσατο ὁ πατὴρ περιουσίαν χρημάτων μᾶλλον ἢ οὐ Τιμοθέῳ ὑπηρετῆσαι ὧν ἐδεήθη αὐτοῦ, ἐν ἀπορίᾳ ὄντι. ᾤετο μὲν οὖν, ὦ ἄνδρες δικασταί, ὁ πατήρ, εἰ σωθείη Τιμόθεος τότε ἐξ ἐκείνων τῶν κινδύνων καὶ ἀφίκοιτο οἴκαδε παρὰ βασιλέως, εὐπορωτέρου γενομένου τούτου ἢ ὡς τότε διέκειτο, οὐ μόνον τὰ ἑαυτοῦ κομιεῖσθαι, ἀλλὰ καὶ ἄλλου εἴ του δέοιτο πρὸς Τιμόθεον πρᾶξαι ὑπάρξειν αὑτῷ.
4. But as matters have not turned out as my father expected, since the money which Timotheus asked of my father and gratefully received from the bank he is determined, now that my father is dead, to pay back only if forced to do so by hostile legal procedure, and by convincing proof of his indebtedness, and, if he can convince you by deceitful arguments that he is not liable, to rob us of the money—I count it necessary to inform you fully of everything from the beginning: the several loans, the purpose for which he expended each sum, and the dates at which the obligations were contracted.
4. ἐπειδὴ δὲ οὐχ ὡς ἐκεῖνος ᾠήθη συμβέβηκεν, ἀλλʼ ἃ μετὰ χάριτος ἔλαβεν Τιμόθεος ἀπὸ τῆς τραπέζης δεηθεὶς τοῦ πατρὸς τοῦ ἐμοῦ, ταῦτα διʼ ἔχθρας καὶ δίκης τετελευτηκότος ἐκείνου ἐξελεγχθεὶς μὲν ὡς ὀφείλει οἴεται δεῖν ἀποδοῦναι, ἐὰν δὲ δύνηται ὑμᾶς πεῖσαι ὡς οὐκ ὀφείλει, ἐξαπατήσας τῷ λόγῳ, ἀποστερῆσαι ἡμᾶς τῶν χρημάτων, ἀναγκαῖόν μοι δοκεῖ εἶναι ἐξ ἀρχῆς ἅπαντα διηγήσασθαι ὑμῖν, τά τε ὀφειλόμενα, καὶ εἰς ὅ τι ἕκαστον αὐτῶν κατεχρήσατο, καὶ τοὺς χρόνους ἐν οἷς τὸ συμβόλαιον ἐγένετο.
5. And let no one of you wonder that I have accurate knowledge of these matters; for bankers are accustomed to write out memoranda of the sums which they lend, the purposes for which funds are desired, and the payments which a borrower makes, in order that his receipts and his payments may be known to them for their accounts.
5. θαυμάσῃ δὲ μηδεὶς ὑμῶν εἰ ἀκριβῶς ἴσμεν· οἱ γὰρ τραπεζῖται εἰώθασιν ὑπομνήματα γράφεσθαι ὧν τε διδόασιν χρημάτων καὶ εἰς ὅ τι καὶ ὧν ἄν τις τιθῆται, ἵνα ᾖ αὐτοῖς γνώριμα τά τε ληφθέντα καὶ τὰ τεθέντα πρὸς τοὺς λογισμούς.
6. It was then, in the archonship of Socratidas, in the month Munichion, when the defendant Timotheus was about to sail on his second expedition and was already in the Peiraeus on the point of putting to sea, that, being in want of money, he came to my father in the port and urged him to lend him one thousand three hundred and fifty-one drachmae two obols, declaring that he needed that additional sum; and he bade him give the money to his treasurer Antimachus, who at that time managed everything for him.
6. ἐπὶ Σωκρατίδου γὰρ ἄρχοντος μουνιχιῶνος μηνὸς μέλλων ἐκπλεῖν τὸν ὕστερον ἔκπλουν Τιμόθεος οὑτοσί, περὶ ἀναγωγὴν ἤδη ὢν ἐν τῷ Πειραιεῖ, προσδεηθεὶς ἀργυρίου, προσελθὼν τῷ πατρὶ τῷ ἐμῷ ἐν τῷ λιμένι, ἐκέλευσεν αὐτὸν χρῆσαι χιλίας τριακοσίας πεντήκοντα μίαν δύʼ ὀβολώ· τοσούτου γὰρ ἔφη προσδεῖσθαι· καὶ δοῦναι ἐκέλευσεν Ἀντιμάχῳ τῷ ταμίᾳ τῷ ἑαυτοῦ, ὃς τούτῳ διῴκει τότε πάντα.
7. It was Timotheus who borrowed the money from my father, and who bade him give it to his treasurer Antimachus, but the one who received the money from Phormio at the bank was Autonomus, who throughout all that time served as secretary to Antimachus.
7. καὶ ὁ μὲν δανεισάμενος τὸ ἀργύριον παρὰ τοῦ πατρὸς τοῦ ἐμοῦ Τιμόθεος ἦν καὶ κελεύσας δοῦναι Ἀντιμάχῳ τῷ ταμίᾳ τῷ ἑαυτοῦ, ὁ δὲ λαβὼν τὸ ἀργύριον ἀπὸ τῆς τραπέζης παρὰ Φορμίωνος Αὐτόνομος, ὅσπερ Ἀντιμάχῳ διετέλει γραμματεύων τὸν ἅπαντα χρόνον.
8. When, therefore, the money was paid out, the bank recorded as debtor Timotheus, who had requested the loan, but made a memorandum in the name of Antimachus, to whom Timotheus had ordered the money to be paid, and also named Autonomus, whom Antimachus had sent to the bank to receive the money, the amount being one thousand three hundred and fifty-one drachmae two obols. The first loan, then, which Timotheus contracted at the time of his going to sea, when he was serving as general the second time, was for this amount.
8. δοθέντος τοίνυν τοῦ ἀργυρίου τούτου ἐγράψατο μὲν ὀφείλοντα τὸν κελεύσαντα χρῆσαι Τιμόθεον, ὑπόμνημα δὲ ἐγράψατο, ᾧ τε οὗτος ἐκέλευσε δοῦναι, Ἀντιμάχῳ, καὶ ὃν ὁ Ἀντίμαχος συνέπεμψεν ἐπὶ τὴν τράπεζαν ληψόμενον τὸ ἀργύριον, τὸν Αὐτόνομον, τὰς χιλίας τριακοσίας δραχμὰς καὶ πεντήκοντα καὶ μίαν καὶ δύʼ ὀβολώ. τὸ μὲν τοίνυν πρῶτον χρέως, ὃ ἐκπλέων ἔλαβεν στρατηγῶν τὸ ὕστερον, τοσοῦτον ὀφείλει.
9. Again, when you had removed him from his command as general because he failed to sail round the Peloponnesus, and he had been given over to the popular assembly for trial under a very heavy charge, when he was being prosecuted by Callistratus and Iphicrates, men of power both in action and in speech, and they and their fellow-pleaders so influenced your minds by their accusations against him that you condemned and put to death Antimachus, his treasurer and a man most devoted to him,—yes, and confiscated his property; while Timotheus himself, thanks to the intercession of all his friends and relatives, and also of Alcetas and Jason, who were allies of yours, you were reluctantly induced to pardon, but you deposed him from his command;—
9. ἐπειδὴ δὲ ἀπεχειροτονήθη μὲν ὑφʼ ὑμῶν στρατηγὸς διὰ τὸ μὴ περιπλεῦσαι Πελοπόννησον, ἐπὶ κρίσει δὲ παρεδέδοτο εἰς τὸν δῆμον αἰτίας τῆς μεγίστης τυχών, ἐφειστήκει δὲ αὐτῷ Καλλίστρατος καὶ Ἰφικράτης, τῷ τε πράττειν καὶ εἰπεῖν δυνάμενοι, οὕτω δὲ διέθεσαν ὑμᾶς κατηγοροῦντες τούτου αὐτοί τε καὶ οἱ συναγορεύοντες αὐτοῖς, ὥστε Ἀντίμαχον μὲν ταμίαν ὄντα καὶ πιστότατα διακείμενον τούτῳ κρίναντες ἐν τῷ δήμῳ ἀπεκτείνατε καὶ τὴν οὐσίαν αὐτοῦ ἐδημεύσατε, αὐτὸν δὲ τοῦτον ἐξαιτουμένων τῶν ἐπιτηδείων καὶ οἰκείων αὐτοῦ ἁπάντων, ἔτι δὲ καὶ Ἀλκέτου καὶ Ἰάσονος, συμμάχων ὄντων ὑμῖν, μόλις μὲν ἐπείσθητε ἀφεῖναι, στρατηγοῦντα δὲ αὐτὸν ἐπαύσατε,—
11. such were the charges under which he lay, and he was in desperate need of money. For all his property had been mortgaged, pillars had been set up on it, and other people were in control. His farm in the plain had been taken over as security by the son of Eumelidas; the rest of his property was mortgaged, for seven minae each, to the sixty trierarchs who set out on the voyage with him, which money he as admiral had forced them to distribute among their crews for maintenance.
11. ἐν τοιαύταις δὲ ὢν διαβολαῖς καὶ ἀπορίᾳ χρημάτων πολλῇ (ἡ μὲν γὰρ οὐσία ὑπόχρεως ἦν ἅπασα, καὶ ὅροι αὐτῆς ἕστασαν, καὶ ἄλλοι ἐκράτουν· ὁ μὲν ἐν πεδίῳ ἀγρὸς ἀποτίμημα τῷ παιδὶ τῷ Εὐμηλίδου καθειστήκει, ἑξήκοντα δὲ τριηράρχοις τοῖς συνεκπλεύσασιν αὐτῷ ἑπτὰ μνῶν ἑκάστῳ ἡ ἄλλη οὐσία ὑπέκειτο, ἃς οὗτος αὐτοὺς στρατηγῶν ἠνάγκασε τοῖς ναύταις τροφὴν διαδοῦναι·
12. When he was deposed, he reported in the account which he rendered, that he had at that time himself given those seven minae for the ships from the military fund, but, fearing lest the trierarchs should give evidence against him and he should be convicted of lying, he borrowed privately from each one of them seven minae, and gave them a mortgage on his property. Yet he is now seeking to rob them of this money, and he has dug up the pillars. He was hard pressed on every side, his life was in extreme danger because of the gravity of the misfortunes which had befallen the state, the army in Calaureia had been broken up for want of pay, the allies around Peloponnesus were being besieged by the Lacedaemonians, Iphicrates and Callistratus were accusing him of being responsible for the present disaster, and, furthermore, those who came from the army were reporting before the assembly the distress and need that existed, and at the same time individuals kept receiving word from their relatives and friends telling of their plight. These things you all heard in the popular assembly at that time, and you remember how each man of you felt toward him; you are not without knowledge of what people were saying.
12. ἐπειδὴ δὲ ἀποχειροτονηθεὶς ἐν τῷ λόγῳ ἀπήνεγκεν ἐκ τῶν στρατιωτικῶν χρημάτων αὐτὸς δεδωκὼς εἰς τὰς ναῦς τὰς ἑπτὰ μνᾶς ταύτας τότε, φοβούμενος μὴ καταμαρτυρήσωσιν αὑτοῦ οἱ τριήραρχοι καὶ ἐξελέγχηται ψευδόμενος, δάνεισμα ποιεῖται ἰδίᾳ παρʼ ἑκάστου αὐτῶν τὰς ἑπτὰ μνᾶς καὶ ὑποτίθησιν αὐτοῖς τὴν οὐσίαν, ἃς νῦν αὐτοὺς ἀποστερεῖ καὶ τοὺς ὅρους ἀνέσπακεν), πανταχόθεν δὲ ἀπορούμενος, καὶ ἐν ἀγῶνι τῷ μεγίστῳ καθεστηκὼς περὶ τοῦ σώματος διὰ τὸ συμβεβηκέναι τῇ πόλει τοιαῦτα πράγματα, ἄμισθον μὲν τὸ στράτευμα καταλελύσθαι ἐν Καλαυρείᾳ, πολιορκεῖσθαι δὲ τοὺς περὶ Πελοπόννησον συμμάχους ὑπὸ Λακεδαιμονίων, κατηγορούντων δὲ τοῦτον αἴτιον εἶναι τῆς παρούσης ἀτυχίας Ἰφικράτους καὶ Καλλιστράτου, ἔτι δὲ τῶν ἀφικνουμένων ἀπὸ στρατεύματος ἀπαγγελλόντων ἐν τῷ δήμῳ τὴν παροῦσαν ἔνδειαν καὶ ἀπορίαν, τὰ δὲ καὶ διʼ ἐπιστολῶν ἑκάστου πυνθανομένου παρὰ τῶν οἰκείων καὶ ἐπιτηδείων ὡς διέκειντο (ὧν ἀκούοντες ὑμεῖς ἐν τῷ δήμῳ τότε ἀναμνήσθητε πῶς ἕκαστος περὶ αὐτοῦ τὴν γνώμην εἶχεν·
14. Well, then, when he was on the point of sailing home for his trial, the defendant, while still in Calaureia, borrowed from Antiphanes of Lamptrae, who sailed with Philip the shipowner as his treasurer, the sum of one thousand drachmae to distribute among the Boeotian trierarchs, that they might remain with the fleet until his trial should come off, for fear lest, if the Boeotian fleet should first be broken up and the troops scattered here and there to their homes, you might be the more incensed against him.
14. οὐ γὰρ ἀγνοεῖτε τὰ λεγόμενα), μέλλων τοίνυν καταπλεῖν ἐπὶ τὴν κρίσιν, ἐν Καλαυρείᾳ δανείζεται χιλίας δραχμὰς παρὰ Ἀντιφάνους τοῦ Λαμπτρέως, ὃς ἐπέπλει ταμίας Φιλίππῳ τῷ ναυκλήρῳ, ἵνα διαδοίη τοῖς Βοιωτίοις τριηράρχοις, καὶ παραμένωσιν ἕως ἂν αὐτῷ ἡ κρίσις γένηται, καὶ μὴ καταλυθεισῶν πρότερον τῶν Βοιωτίων τριήρων καὶ διαπελθόντων τῶν στρατιωτῶν μᾶλλον αὐτῷ ὀργίζησθε ὑμεῖς.
15. For although our countrymen endured their privations and remained at their posts, the Boeotians declared that they would not stay, unless somebody should furnish them with their daily rations. Under stress of necessity, then, at that time he borrowed the thousand drachmae from Antiphanes, who sailed with Philip, the shipowner, as his treasurer, and gave them to the admiral of the Boeotian fleet.
15. οἱ μὲν γὰρ πολῖται ἠνείχοντο κακοπαθοῦντες καὶ παρέμενον· οἱ δὲ Βοιωτοὶ οὐκ ἔφασαν παραμενεῖν, εἰ μή τις αὐτοῖς τὴν καθʼ ἡμέραν τροφὴν δώσει. τότε οὖν ἀναγκαζόμενος δανείζεται τὰς χιλίας δραχμὰς παρὰ τοῦ Ἀντιφάνους, ὃς ἐπέπλει ταμιεύων Φιλίππῳ τῷ ναυκλήρῳ, καὶ δίδωσι τῷ Βοιωτίῳ ἄρχοντι τῶν νεῶν.
16. But when he got back to Athens, both Philip and Antiphanes demanded of him the thousand drachmae which he had borrowed in Calaureia, and were angry at not receiving their money at once. Timotheus, then, fearing that his enemies might learn that the thousand drachmae, which in his report he stated he had paid for the Boeotian fleet out of the military fund, had in fact been lent by Philip, who could not get them back, and fearing also that Philip might give testimony against him at his trial, came to my father and begged him to settle with Philip, and to lend him the thousand drachmae to pay Philip.
16. ἐπειδὴ δὲ ἀφίκετο δεῦρο, ἀπῄτουν αὐτὸν ὅ τε Φίλιππος καὶ Ἀντιφάνης τὰς χιλίας δραχμὰς ἃς ἐδανείσατο ἐν Καλαυρείᾳ, καὶ ἠγανάκτουν ὅτι οὐ ταχὺ ἀπελάμβανον. φοβούμενος δὲ οὗτος τοὺς ἐχθροὺς τοὺς ἑαυτοῦ, μὴ πύθοιντο ὅτι, ἃς ἐν τῷ λόγῳ ἀπήνεγκεν χιλίας δραχμὰς δεδωκὼς εἰς τὰς Βοιωτίας ναῦς ἐκ τῶν στρατιωτικῶν χρημάτων, ταύτας Φίλιππος δανείσας ἀποστερεῖται, καὶ ἅμα δεδιὼς τὸν Φίλιππον, μὴ καταμαρτυροίη αὑτοῦ ἐν τῷ ἀγῶνι, προσελθὼν τῷ πατρὶ τῷ ἐμῷ ἐδεήθη ἀπαλλάξαι τὸν Φίλιππον καὶ χρῆσαι αὑτῷ τὰς χιλίας δραχμάς, ἵνα ἀποδοίη Φιλίππῳ.
17. And my father, seeing the seriousness of the trial in which the defendant was involved, and in what plight he was, felt pity for him, and, taking him to the bank, bade Phormio, who was cashier, to pay Philip the thousand drachmae, and to enter on the books Timotheus as owing that amount.
17. ὁρῶν δὲ ὁ πατὴρ ὁ ἐμὸς τό τε μέγεθος τοῦ ἀγῶνος ἡλίκον ἦν τούτῳ, καὶ ὡς ἠπορεῖτο οὗτος, καὶ ἐλεῶν αὐτόν, προσαγαγὼν πρὸς τὴν τράπεζαν ἐκέλευσεν ἀποδοῦναι Φιλίππῳ χιλίας δραχμὰς τὸν Φορμίωνα τὸν ἐπικαθήμενον ἐπὶ τῇ τραπέζῃ, καὶ γράψαι ὀφείλοντα Τιμόθεον.
18. To prove that these statements are true, I shall bring forward Phormio, who paid the money, as a witness, as soon as I shall have explained to you the other loan, in order that, being informed through the same deposition about the whole of the debt, you may know that I am speaking the truth. I shall also call before you Antiphanes, who lent the sum of one thousand drachmae to the defendant in Calaureia, and who was present when Philip received payment of the money from my father here in Athens.
18. καὶ ταῦτα ὅτι ἀληθῆ ἐστιν, τὸν δόντα τὸ ἀργύριον Φορμίωνα ὑμῖν μάρτυρα παρέξομαι, ἐπειδὰν καὶ περὶ τοῦ ἄλλου συμβολαίου διηγήσωμαι ὑμῖν, ἵνα τῇ αὐτῇ μαρτυρίᾳ περὶ ὅλου τοῦ χρέως ἀκούσαντες εἰδῆτε ὅτι ἀληθῆ λέγω. καλῶ δʼ ὑμῖν καὶ τὸν Ἀντιφάνην τὸν δανείσαντα τὸ ἀργύριον τούτῳ, τὰς χιλίας δραχμάς, ἐν Καλαυρείᾳ, καὶ παρόντα ὅτε ἀπέλαβε Φίλιππος τὸ ἀργύριον παρὰ τοῦ πατρὸς τοῦ ἐμοῦ ἐνθάδε.
19. That I did not put the deposition in the box before the arbitrator was due to a trick of Antiphanes, who kept saying that he would give evidence for me on the day set for the decision; but when the hearing was in progress before the arbitrator, although he was summoned from his house (for he was nowhere to be seen), he was persuaded by Timotheus to fail to appear as a witness. On my depositing a drachma in his name on a charge of failing to appear, as the law prescribes, the arbitrator did not make an award against the defendant, but decided in his favor, and then went off, for it was already late.
19. τοῦ μὲν γὰρ μαρτυρίαν με ἐμβαλέσθαι πρὸς τὸν διαιτητὴν παρεκρούσατο, φάσκων ἀεί μοι μαρτυρήσειν εἰς τὴν κυρίαν· ἐπειδὴ δὲ ἡ δίαιτα ἦν, προσκληθεὶς ἀπὸ τῆς οἰκίας (οὐ γὰρ ἦν φανερός), ἔλιπε τὴν μαρτυρίαν πεισθεὶς ὑπὸ τούτου. τιθέντος δέ μου αὐτῷ τὴν δραχμὴν τοῦ λιπομαρτυρίου κατὰ τὸν νόμον, ὁ διαιτητὴς οὐ κατεδιῄτα, ἀλλʼ ἀπιὼν ᾤχετο ἀποδιαιτήσας τούτου τὴν δίαιταν, ἑσπέρας ἤδη οὔσης.
20. Now, however, I have entered suit on my own account for damages against Antiphanes because he neither gave testimony for me, nor asked under oath for a postponement, as the law provides. And I demand of him that he get up and state under oath before you, first, whether he lent Timotheus a thousand drachmae in Calaureia, and secondly, whether Philip received here payment of that sum from my father.
20. νυνὶ δὲ τῷ Ἀντιφάνει εἴληχα βλάβης ἰδίαν δίκην, ὅτι μοι οὔτʼ ἐμαρτύρησεν οὔτʼ ἐξωμόσατο κατὰ τὸν νόμον. καὶ ἀξιῶ αὐτὸν ἀναβάντα εἰπεῖν ἐναντίον ὑμῶν διομοσάμενον, πρῶτον μὲν εἰ ἐδάνεισε Τιμοθέῳ ἐν Καλαυρείᾳ χιλίας δραχμάς, δεύτερον δʼ εἰ παρὰ τοῦ πατρὸς Φίλιππος ἀπέλαβεν ἐνθάδε τοῦτο τὸ ἀργύριον.
21. The defendant himself practically admitted before the arbitrator that my father paid Philip the thousand drachmae; but he declared that it was not to him (Timotheus) that my father lent the money, but to the Boeotian admiral, who, he alleges, gave some copper as security for the sum. However, that in this he was not stating the truth, but that he borrowed the money himself and is seeking to avoid payment, I shall prove to you, when I shall have informed you in detail regarding his other debts also.
21. σχεδὸν μὲν οὖν καὶ αὐτὸς οὗτος ὡμολόγει πρὸς τῷ διαιτητῇ ἀποδοῦναι τῷ Φιλίππῳ τὸν πατέρα τὸν ἐμὸν τὰς χιλίας δραχμάς, οὐ μέντοι αὑτῷ γέ φησιν δανεῖσαι, ἀλλὰ τῷ Βοιωτίῳ ναυάρχῳ, καὶ ὑποθεῖναί φησιν αὐτὸν τούτου τοῦ ἀργυρίου χαλκόν. ὡς δὲ οὐκ ἀληθῆ ἔλεγεν, ἀλλʼ αὐτὸς δανεισάμενος ἀποστερεῖ, ἐγὼ ὑμᾶς διδάξω, ἐπειδὰν καὶ περὶ τῶν ἄλλων ὧν ὀφείλει καθʼ ἕκαστον ὑμῖν διηγήσωμαι.
22. In the month Maimacterion in the archonship of Asteius, Alcetas and Jason came to visit Timotheus to be present at his trial and give him their support, and they arrived at his house in Peiraeus in the Hippodameia when it was already evening. Being at a loss how to entertain them, he sent his body servant Aeschrion to my father and bade him ask for the loan of some bedding and cloaks and two silver bowls and to borrow a mina of silver.
22. ἀφικομένου γὰρ Ἀλκέτου καὶ Ἰάσονος ὡς τοῦτον ἐν τῷ μαιμακτηριῶνι μηνὶ τῷ ἐπʼ Ἀστείου ἄρχοντος ἐπὶ τὸν ἀγῶνα τὸν τούτου, βοηθησόντων αὐτῷ, καὶ καταγομένων εἰς τὴν οἰκίαν τὴν ἐν Πειραιεῖ τὴν ἐν τῇ Ἱπποδαμείᾳ ἑσπέρας ἤδη οὔσης, ἀπορούμενος ὑποδέξασθαι αὐτούς, πέμψας ὡς τὸν πατέρα τὸν ἐμὸν Αἰσχρίωνα τὸν ἀκόλουθον τὸν αὑτοῦ, ἐκέλευσεν αἰτήσασθαι στρώματα καὶ ἱμάτια καὶ φιάλας ἀργυρᾶς δύο, καὶ μνᾶν ἀργυρίου δανείσασθαι.
23. And my father, hearing from Aeschrion, the body-servant of the defendant, that they had arrived and the urgent need for which the request was made, both supplied the objects for which the slave had come and lent the mina of silver which he asked to borrow. Well, when he had been acquitted of the charge, the defendant found himself in sore straits for money to pay his private debts and the taxes to the state, and my father, seeing this, did not venture to demand repayment of the money at once;
23. ἀκούσας δὲ ὁ πατὴρ ὁ ἐμὸς τοῦ Αἰσχρίωνος τοῦ ἀκολούθου τοῦ τούτου τούς τε ἀφιγμένους καὶ τὴν χρείαν εἰς ἣν ᾐτεῖτο, ἐφʼ ἅ τε ἦλθεν ἔχρησεν, καὶ τὴν μνᾶν τοῦ ἀργυρίου, ἣν ἐδανείζετο, ἐδάνεισεν. ἀπολελυμένῳ τοίνυν τῆς αἰτίας πολλὴ συνέβαινεν αὐτῷ μετὰ ταῦτα χρημάτων ἀπορία εἴς τε τὰς ἰδίας χρείας καὶ εἰς τὰς δημοσίας εἰσφοράς, ἃ ὁρῶν ὁ πατὴρ ὁ ἐμὸς οὐκ ἐτόλμα τοῦτον εὐθὺς ἀπαιτεῖν τὸ ἀργύριον·
24. for, while he did not think that Timotheus would defraud him when he had the means to pay, he did not himself see any way to exact payment from him when he was without means. So, after the departure of Alcetas and Jason, Aeschrion, the defendant’s body-servant, brought back the bedding and the cloaks, but he did not return the two bowls, for which he had asked at the time he borrowed the bedding and the mina of silver., when Alcetas and Jason arrived at the defendant’s house.
24. οὔτε γὰρ ἂν τοῦτον εὐπορήσανθʼ ἡγεῖτο ἀδικῆσαι αὑτόν, οὔτʼ ἂν αὐτὸς ἀποροῦντα τοῦτον ἔχειν ὁπόθεν εἰσπράξειεν. ἐπειδὴ τοίνυν ἀπῆλθον ὅ τε Ἀλκέτας καὶ ὁ Ἰάσων, τὰ μὲν στρώματα καὶ τὰ ἱμάτια πάλιν ἀπήνεγκεν ὁ Αἰσχρίων ὁ ἀκόλουθος ὁ τούτου, τὰς δὲ φιάλας τὰς δύο οὐκ ἀπήνεγκεν, ἃς ᾐτήσατο ὅτεπερ καὶ τὰ στρώματα καὶ τὴν μνᾶν τοῦ ἀργυρίου ἐδανείσατο, ἀφικομένων ὡς τοῦτον Ἀλκέτου καὶ Ἰάσονος.
25. Then, when he was about to leave the country to take service with the king, and had arranged to sail as the king’s general to carry on the Egyptian war, in order that he might not have to submit an account and vouchers for his military administration here, he sent for my father to come to the Paralion, thanked him for his former services to him, and, introducing to him Philondas, a Megarian by birth, but one who resided as an alien at Athens,—a man who at that time was loyally devoted to the defendant and was employed in his service—he begged my father, that when Philonidas (whom he then introduced to him) should come back from Macedonia bringing some timber, which had been given to the defendant by Amyntas, he would supply him with money for the freight of the timber, and let him deliver the timber to the defendant’s house in Peiraeus; for he declared the timber belonged to him.
25. μέλλων τοίνυν ἀποδημεῖν ὡς βασιλέα, καὶ διαπραξάμενος ἐκπλεῦσαι ὡς βασιλεῖ στρατηγήσων τὸν ἐπʼ Αἴγυπτον πόλεμον, ἵνα μὴ δῷ ἐνθάδε λόγον καὶ εὐθύνας τῆς στρατηγίας, μεταπεμψάμενος τὸν πατέρα τὸν ἐμὸν εἰς τὸ Παράλιον τῶν τε προϋπηργμένων εἰς αὑτὸν ἐπῄνει, καὶ ἐδεῖτο αὐτοῦ συστήσας Φιλώνδαν, ἄνδρα τὸ μὲν γένος Μεγαρέα, μετοικοῦντα δʼ Ἀθήνησιν, πιστῶς δὲ τούτῳ διακείμενον καὶ ὑπηρετοῦντα ἐν ἐκείνῳ τῷ χρόνῳ, ἐπειδὰν ἀφίκηται ἐκ Μακεδονίας ὁ Φιλώνδας, ὃν συνίστη οὗτος τῷ πατρὶ τῷ ἐμῷ, ἄγων ξύλα τὰ δοθέντα τούτῳ ὑπὸ Ἀμύντου, τὸ ναῦλον τῶν ξύλων παρασχεῖν καὶ ἐᾶσαι ἀνακομίσαι τὰ ξύλα εἰς τὴν οἰκίαν τὴν ἑαυτοῦ τὴν ἐν Πειραιεῖ· αὑτοῦ γὰρ εἶναι τὰ ξύλα.
27. At the same time in preferring this request, he made statements which are quite inconsistent with his present actions. For he said that even if he should not obtain what he asked of my father, he would not be angry, as another might who failed to obtain what he wanted, but would show his gratitude, if he should ever find himself able to do so, for the services which my father had rendered him at his request. On hearing this my father was pleased at his words and commended him for remembering the favors shown him, and promised to do all that he asked.
27. ἅμα τε τῇ δεήσει εἶπε λόγον, ᾧ οὐκ ἀκόλουθα ποιεῖ τὰ ἔργα νυνί· ἔφη γάρ, κἂν μὴ τύχῃ ὧν ἐδεῖτο τοῦ πατρός, οὐκ ὀργισθήσεσθαι ὥσπερ ἂν ἄλλος τις ἀποτυχών, ἀλλʼ ὧν αὑτῷ δεηθέντι ὑπηρέτηκεν, τούτων, ἄν ποτε δύνηται, χάριν ἀποδώσειν. ἀκούσας δὲ ὁ πατὴρ ὁ ἐμὸς ταῦτα ἥσθη τε τοῖς λόγοις, καὶ ἐπῄνει τοῦτον ὅτι μέμνηται εὖ παθών, καὶ ὅσα αὐτοῦ ἐδεῖτο ὑπέσχετο ποιήσειν.
28. Timotheus, then, after this set sail to join the king’s generals, but Philondas, to whom he had presented my father as one who would pay the freight, when he should come back with the timber, set out on his journey to Macedonia. The time was about the month Thargelion, in the archonship of Asteius.
28. καὶ οὗτος μὲν μετὰ ταῦτα τὴν ἀναγωγὴν ἐποιεῖτο ὡς τοὺς στρατηγοὺς τοὺς βασιλέως, ὁ δὲ Φιλώνδας, ᾧ συνέστησεν τὸν πατέρα τὸν ἐμόν, ἐπειδὰν ἀφίκηται ἄγων τὰ ξύλα, τὸ ναῦλον παρασχεῖν, εἰς τὴν Μακεδονίαν τὴν πορείαν ἐποιεῖτο. καὶ οὗτοι οἱ χρόνοι ἦσαν περὶ θαργηλιῶνα μῆνα ἐπʼ Ἀστείου ἄρχοντος.
29. In the following year Philondas came back from Macedonia, bringing the timber, while Timotheus was absent in the king’s service. He approached my father and asked him to furnish the freight for the timber, in order that he might settle with the shipowner, as Timotheus had begged my father to do, when he was about to sail and had introduced Philondas to him. So my father took him to the bank and ordered Phormio to pay him the freight of the timber, one thousand seven hundred and fifty drachmae.
29. τῷ δʼ ὑστέρῳ ἔτει ἀφικομένου τοῦ Φιλώνδου ἐκ τῆς Μακεδονίας ἄγοντος τὰ ξύλα, ἀποδημοῦντος τούτου παρὰ βασιλεῖ, καὶ προσελθόντος τῷ πατρὶ τῷ ἐμῷ καὶ κελεύοντος τὸ ναῦλον τῶν ξύλων παρασχεῖν, ἵνα διαλύσῃ τὸν ναύκληρον, καθάπερ οὗτος ἐδεήθη ὅτε ἐξέπλει τοῦ πατρὸς καὶ συνέστησε τὸν Φιλώνδαν, προσαγαγὼν πρὸς τὴν τράπεζαν ὁ πατὴρ ἐκέλευσε δοῦναι Φορμίωνα τὸ ναῦλον τῶν ξύλων, χιλίας ἑπτακοσίας πεντήκοντα.
30. And Phormio counted out the money, and set down Timotheus as owing it (for it was he who had asked my father to furnish the freight for the timber, and the timber was his), and he wrote a memorandum of the purpose for which the money was received, and the name of the person who received it. The date of the transaction was the archonship of Alcisthenes, the year after Timotheus set sail to take service with the king.
30. καὶ ἠρίθμησε τὸ ἀργύριον Φορμίων· καὶ ἐγράψατο μὲν ὀφείλοντα Τιμόθεον (οὗτος γὰρ ἦν ὁ δεηθεὶς τοῦ πατρὸς παρασχεῖν τὸ ναῦλον τῶν ξύλων, καὶ τούτου ἦν), ὑπόμνημα δʼ ἐγράψατο τήν τε χρείαν εἰς ἣν ἐλήφθη τὸ ἀργύριον καὶ τὸ ὄνομα τοῦ λαβόντος. καὶ οὗτος ὁ χρόνος ἦν Ἀλκισθένους ἄρχοντος, ὁ ὕστερος ἐνιαυτὸς ἢ οὗτος ἀνήγετο ὡς βασιλέα.
31. About the same time Timosthenes of Aegilia also arrived home from a journey abroad which he had made on private business. Timosthenes was a friend and partner of Phormio, and when he set sail he had given to Phormio to put away for him along with other articles two bowls of Lycian workmanship. By chance the boy, not knowing that these bowls were the property of someone else, gave them to Aeschrion, the body-servant of the defendant, when he was sent to my father by Timotheus and requested the bedding and the cloaks and the bowls, and borrowed the mina of silver at the time when Alcetas and Jason came to the defendant’s house.
31. ὑπὸ δὲ τὸν αὐτὸν χρόνον τοῦτον καὶ Τιμοσθένης ὁ Αἰγιλιεὺς ἀφικνεῖται κατʼ ἐμπορίαν ἰδίαν ἀποδημῶν. ἐπιτήδειος δὲ ὢν Φορμίωνι καὶ κοινωνὸς ὁ Τιμοσθένης, ὅτʼ ἐξέπλει, δίδωσιν ἀποθεῖναι τῷ Φορμίωνι μετʼ ἄλλων χρημάτων καὶ φιάλας λυκιουργεῖς δύο. ἀπὸ τύχης δὲ ὁ παῖς ταύτας τὰς φιάλας, οὐκ εἰδὼς ὅτι ἀλλότριαι ἦσαν, δίδωσι τῷ Αἰσχρίωνι τῷ ἀκολούθῳ τῷ τούτου, ὅτʼ ἐπέμφθη ὡς τὸν πατέρα τὸν ἐμὸν ὑπὸ τούτου, καὶ ᾐτεῖτο τὰ στρώματα καὶ τὰ ἱμάτια καὶ τὰς φιάλας, καὶ τὴν μνᾶν τοῦ ἀργυρίου ἐδανείσατο, ἀφικομένων ὡς τοῦτον Ἀλκέτου καὶ Ἰάσονος.
32. When Timosthenes reached home and asked for the return of the bowls, Timotheus being still abroad in the king’s service, my father persuaded him to accept the value of the bowls, as much as they were worth by weight, namely two hundred and thirty-seven drachmae. So he paid to Timosthenes the value of the bowls and entered on his books the defendant as owing what he paid to Timosthenes for the bowls in addition to the rest of the debt which the defendant owed him.
32. ἀπαιτοῦντος δὲ τοῦ Τιμοσθένους τὰς φιάλας τὸν Φορμίωνα, ἐπειδὴ ἧκεν, ἀποδημοῦντος Τιμοθέου παρὰ βασιλεῖ, πείθει αὐτὸν ὁ πατὴρ ὁ ἐμὸς τιμὴν ἀπολαβεῖν τῶν φιαλῶν, ὅσον ἦγον αἱ φιάλαι, διακοσίας τριάκοντα ἑπτά. καὶ τῷ μὲν Τιμοσθένει τιμὴν ἀπέδωκεν τῶν φιαλῶν, τοῦτον δὲ ἐγράψατο αὑτῷ ὀφείλοντα, πρὸς τὸ ἄλλο χρέως ὃ οὗτος αὐτῷ ὤφειλεν, ὃ ἀπέτεισεν τῷ Τιμοσθένει τῶν φιαλῶν.
33. To prove that all these statements of mine are true the clerk shall read you the depositions which bear upon them; first, that of those who were at that time clerks in the bank and paid the money from its funds to the persons to whom Timotheus bade them pay it, and then that of the man who received the price of the bowls. The Depositions You have learned, then, from the depositions which have just been read, that I am telling you nothing but the truth regarding the matters which I mentioned. And that the defendant himself admits that the timber brought by Philondas was delivered to his house in the Peiraeus,—this, too, is proved by the deposition which will be read to you. The Deposition That the timber, then, which Philondas brought was the property of the defendant I have his own testimony to prove; for he admitted before the arbitrator that it was delivered to his house in Peiraeus, as those who heard him have testified.
33. καὶ ταῦτα πάντα ὅτι ἀληθῆ λέγω, τούτων ὑμῖν ἀναγνώσεται τὰς μαρτυρίας, πρῶτον μὲν τῶν δόντων τὸ ἀργύριον οἷς οὗτος ἐκέλευσεν ἀπὸ τῆς τραπέζης καὶ ἐπικαθημένων τότε, ἔπειτα τοῦ ἀπολαβόντος τὴν τιμὴν τῶν φιαλῶν. ΜΑΡΤΥΡΙΑΙ. ὅτι μὲν τοίνυν οὐ ψεύδομαι πρὸς ὑμᾶς περὶ ὧν εἶπον, τῶν μαρτυριῶν ἀναγιγνωσκομένων ἀκηκόατε. ὅτι δέ μοι καὶ αὐτὸς οὗτος ὡμολόγει τὰ ξύλα τὰ κομισθέντα ὑπὸ Φιλώνδου εἰς τὴν οἰκίαν τὴν ἑαυτοῦ ἀνακομισθῆναι τὴν ἐν Πειραιεῖ, τούτων ὑμῖν ἀναγνώσεται τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.
34. But besides this I shall try to prove to you by circumstantial evidence that I am telling the truth. For do you suppose, men of the jury, that, if the timber had not been the property of Timotheus, and if he had not begged my father—at the time he introduced Philondas to him, when he was about to set sail to join the king’s generals—to provide the freight, my father would ever have allowed Philondas to carry the timber away from the harbor, seeing that it was pledeged as security to him for the freight, and would not rather have set one of his servants to keep watch and to receive the price as the timber was sold, until he had recovered his money, if we suppose that the timber was the property of Philondas and was brought in for the sake of trade?
34. ὡς μὲν τοίνυν τούτου ἦν τὰ ξύλα ἃ ἤγαγεν ὁ Φιλώνδας, αὐτός μοι μεμαρτύρηκεν· ὡμολόγει γὰρ αὐτὰ πρὸς τῷ διαιτητῇ ἀνακομισθῆναι εἰς τὴν οἰκίαν τὴν ἑαυτοῦ τὴν ἐν Πειραιεῖ, ὡς μεμαρτύρηται ὑμῖν ὑπὸ τῶν ἀκουόντων. ἔτι δὲ καὶ ἐκ τεκμηρίων πειράσομαι ἐγὼ ὑμᾶς διδάξαι ὅτι ἀληθῆ λέγω. οἴεσθε γάρ, ὦ ἄνδρες δικασταί, τὸν πατέρα τὸν ἐμόν, εἰ μὴ Τιμοθέου ἦν τὰ ξύλα καὶ ἐδεήθη οὗτος αὐτοῦ συστήσας τὸν Φιλώνδαν, ὅτε ἀνήγετο ὡς τοὺς στρατηγοὺς τοὺς βασιλέως, παρασχεῖν τὸ ναῦλον, ἐᾶσαι ἄν ποτε ὑποκειμένων αὐτῷ τῶν ξύλων τοῦ ναύλου ἀνακομίσαι τὸν Φιλώνδαν τὰ ξύλα ἐκ τοῦ λιμένος, ἀλλʼ οὐκ ἂν παρακαταστήσαντά τινα τῶν οἰκετῶν φυλάττειν καὶ τιμὴν λαμβάνειν τῶν πωλουμένων ξύλων, ἕως ἐκομίσατο τὰ ἑαυτοῦ, εἴπερ Φιλώνδου ἦν τὰ ξύλα καὶ ἐμπορίας ἕνεκα ἤχθη;
36. Then, besides this, does it seem to anyone likely, that if Timotheus had not bidden my father to supply the freight for the timber given to him by Amyntas, my father would have trusted Philondas, and have suffered him to deliver the timber to the defendant’s house? Or, how is it possible that Philondas, as is stated by the defendant, brought in the timber for the sake of trade, and yet that the defendant on his return used this timber for the building of his house?
36. ἔπειτα πρὸς τούτοις τίνι ὑμῶν εἰκὸς δοκεῖ εἶναι, μὴ κελεύσαντος τούτου τὸ ναῦλον παρασχεῖν τῶν ξύλων τῶν δοθέντων τούτῳ ὑπὸ Ἀμύντου, πιστεῦσαι τὸν πατέρα τὸν ἐμὸν Φιλώνδᾳ καὶ ἐᾶσαι ἀνακομίσαι τὰ ξύλα ἐκ τοῦ λιμένος εἰς τὴν οἰκίαν τὴν τούτου; ἢ πῶς οἷόν τʼ ἐστὶν τὸν μὲν Φιλώνδαν ἐμπορίας ἕνεκα ἀγαγεῖν τὰ ξύλα, ὡς οὗτός φησιν, καταχρήσασθαι δὲ τοῦτον ἥκοντα εἰς τὴν οἰκοδομίαν τὴν αὑτοῦ τοῖς ξύλοις τούτοις;
37. And observe this also, that many worthy citizens were friends of the defendant and looked after his affairs while Timotheus was abroad in the service of the king, and yet not one of these has dared to testify on his behalf either that Philondas did not receive from the bank the freight of the timber, or that, having received it, he paid it back; or, again, that any one of them settled for the freight of the timber which Philondas brought and which had been given to the defendant by Amyntas. For they deem it a matter of higher import to themselves to preserve their character as worthy and honorable men than to do a favor to Timotheus by giving false testimony.
37. σκέψασθε δὲ κἀκεῖνο, ὅτι πολλοὶ καὶ χρηστοὶ τῶν πολιτῶν οἰκεῖοι ὄντες τούτῳ ἐπεμελοῦντο τῶν τούτου, ἀποδημοῦντος παρὰ βασιλεῖ Τιμοθέου· ὧν οὐδεὶς τετόλμηκεν μαρτυρῆσαι τούτῳ ἢ ὡς οὐκ ἔλαβεν ὁ Φιλώνδας τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς τραπέζης ἢ ὡς λαβὼν ἀπέδωκεν, οὐδʼ αὖ ὡς αὐτῶν τις διέλυσε τὸ ναῦλον ὑπὲρ τῶν ξύλων ὧν ἤγαγεν ὁ Φιλώνδας, δοθέντων τούτῳ παρʼ Ἀμύντου· ἡγοῦνται γὰρ περὶ πλείονος αὑτοῖς εἶναι καλοὶ κἀγαθοὶ δοκεῖν εἶναι μᾶλλον ἢ Τιμοθέῳ χαρίσασθαι τὰ ψευδῆ μαρτυροῦντες.