38. But they declared that they would not testify to the truth against him; for they said he was their friend. Since, then, no one of those who are his friends, and who looked after his affairs when he was abroad in the service of the king, has ventured to testify either that Philondas did not receive from the bank the freight for the timber, or that any one of them paid it, is it not reasonable that you should believe that I am speaking the truth?
38. οὐ μέντοι οὐδὲ τούτου γʼ ἔφασαν καταμαρτυρῆσαι ἂν τἀληθῆ· οἰκεῖον γὰρ αὑτοῖς εἶναι. ὅπου τοίνυν μηδεὶς τετόλμηκε τῶν οἰκείων τούτῳ μαρτυρῆσαι καὶ ἐπιμελομένων τῶν τούτου, ὅτε ἀπεδήμει οὗτος παρὰ βασιλεῖ, ἢ ὡς οὐκ ἔλαβεν ὁ Φιλώνδας τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς τραπέζης ἢ ὡς αὐτῶν τις διέλυσεν, πῶς οὐκ εἰκός ἐστιν ὑμᾶς ἡγεῖσθαί με τἀληθῆ λέγειν;
39. Surely he will not venture to say this, that anyone other than my father paid the freight for the timber which Philondas brought. If he does insist upon this argument, demand of him that he produce before you the deposition of the person who paid the freight for the timber. For it is admitted that he was himself abroad in the king’s service, and as for Philondas, whom he sent to fetch the timber and whom he introduced to my father—you found on your return from the king’s service, Timotheus, that he was dead.
39. καὶ μὴν οὐδʼ ἐκεῖνό γε τολμήσει ⟨λέγειν⟩, ὡς ἄλλος τις διέλυσε τὸ ναῦλον ὑπὲρ τῶν ξύλων ὧν ἤγαγεν ὁ Φιλώνδας, ἢ ὁ πατὴρ ὁ ἐμός. ἐὰν δὲ καταχρῆται τῷ λόγῳ, ἀξιοῦτε αὐτὸν καὶ τὴν μαρτυρίαν παρασχέσθαι ὑμῖν τοῦ ἀποδόντος τὸ ναῦλον ὑπὲρ τῶν ξύλων. αὐτὸς μὲν γὰρ ὁμολογεῖται ἀποδημεῖν παρὰ βασιλεῖ, τὸν δὲ Φιλώνδαν, ὃν ἔπεμψεν ἐπὶ τὰ ξύλα καὶ συνέστησε τῷ πατρὶ τῷ ἐμῷ, τεθνηκότα κατέλαβες ἥκων παρὰ βασιλέως.
40. It must be, then, that some other of your relatives and friends, whom you left to look after your affairs when you were about to go abroad, knows from what source Philondas got the freight for the timber and paid the shipowner, if you deny that you introduced my father to Philondas, or that Philondas got the freight for the timber from my father.
40. ἀναγκαῖον δὴ τῶν ἄλλων οἰκείων καὶ ἐπιτηδείων, οὓς κατέλιπες ἀποδημεῖν μέλλων συνεπιμελεῖσθαι τῶν σαυτοῦ, εἰδέναι τινὰ ὅθεν τὸ ναῦλον τῶν ξύλων πορίσας ὁ Φιλώνδας τῷ ναυκλήρῳ διέλυσεν, εἰ μὴ φὴς τὸν πατέρα τὸν ἐμὸν συστῆσαι αὐτῷ, μηδὲ λαβεῖν τὸν Φιλώνδαν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ τὸ ναῦλον τῶν ξύλων.
41. However, you cannot produce a deposition from any of your friends to prove that the freight for the timber was not received from the bank, while you were abroad; therefore one or the other of two things follows: either you are on good terms with no one of your friends and have no confidence in any of your connections, or else, though knowing well that Philondas did receive the freight for the timber from my father, to whom you introduced him when you were about to set out on your voyage, you see fit to rob us, if you can, and enrich yourself.
41. μαρτυρίαν τοίνυν οὐδενὸς ἔχεις παρασχέσθαι τῶν οἰκείων τῶν σαυτοῦ, ὡς οὐκ ἐλήφθη σοῦ ἀποδημοῦντος τὸ ναῦλον τῶν ξύλων ἀπὸ τῆς τραπέζης, ἀλλὰ δυοῖν θάτερον, ἢ οὐδενὶ χρῇ τῶν οἰκείων οὐδὲ πιστεύεις τῶν σαυτοῦ οὐδενί, ἢ εἰδὼς ἀκριβῶς τὸν Φιλώνδαν λαβόντα τὸ ναῦλον τῶν ξύλων παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, ᾧπερ αὐτὸν συνέστησας ὅτε ἐξέπλεις, οἴει δεῖν ἀποστερήσας ἡμᾶς, ἐὰν δύνῃ, πλεονεκτεῖν.
42. On my part, men of the jury, in addition to the deposition which I have produced before you of those who at the time were serving as clerks in the bank and who paid the money to the persons to whom Timotheus bade them pay it, I was ready also to confirm my statements by an oath, which the clerk will read to you. The Oath Now, men of the jury, my father not only wrote out and left to me a record of his credits, but also during his illness told me of each particular debt that was due to him, the person in whose possession the money was, and the purpose for which it was received; and he made these statements to my brother also. To prove that I am speaking the truth in this,(to the clerk) read, please, the deposition of my brother. The Deposition Well then, that Timotheus was left by my father owing us the money as a debtor for which I am suing him, and that this is a part of my share, my brother has testified, and so has Phormio, who paid the money; and I was ready confirm the fact by an oath.
42. ἐγὼ τοίνυν, ὦ ἄνδρες δικασταί, πρὸς τῇ μαρτυρίᾳ, ἣν παρέσχημαι ὑμῖν μαρτυροῦντας τοὺς δόντας τὸ ἀργύριον οἷς οὗτος ἐκέλευσεν καὶ καθημένους ἐπὶ τῇ τραπέζῃ τότε, καὶ πίστιν ἠθέλησα ἐπιθεῖναι, ἣν ἀναγνώσεται ὑμῖν. ΟΡΚΟΣ. οὐ τοίνυν, ὦ ἄνδρες δικασταί, γράψας μοι ὁ πατὴρ κατέλιπεν τὰ χρέα μόνον, ἀλλὰ καὶ ἔλεγεν ἀρρωστῶν ὅ τι ὀφείλοιτο αὐτῷ ἕκαστον, καὶ παρʼ ᾧ, καὶ εἰς ὅ τι ἐλήφθη τὸ ἀργύριον, καὶ τῷ ἀδελφῷ τῷ ἐμῷ. καὶ ὡς ταῦτʼ ἀληθῆ λέγω, ἀνάγνωθί μοι τὴν μαρτυρίαν τοῦ ἀδελφοῦ. ΜΑΡΤΥΡΙΑ.
43. But when the defendant challenged me before the arbitrator, bidding me bring the books from the bank and demanding copies, and sent Phrasiendes to the bank, I brought out the books and allowed Phrasiendes to examine them and to copy out the entries of all the sums that Timotheus owed. To prove that the defendant himself admitted having received the copies,(to the clerk) please read the deposition. The Deposition I therefore brought the books to the arbitrator.
43. ὡς μὲν τοίνυν κατελείφθη ὀφείλων Τιμόθεος ἡμῖν τὸ ἀργύριον ὑπὸ τοῦ πατρός, οὗ δικάζομαι αὐτῷ, καὶ γίγνεται ἐμὸν τὸ μέρος, ὅ τε ἀδελφός μοι μεμαρτύρηκεν καὶ ὁ Φορμίων ὁ δοὺς τὸ ἀργύριον, κἀγὼ τούτων πίστιν ἠθέλησα ἐπιθεῖναι. προκαλεσαμένου δὲ τούτου πρὸς τῷ διαιτητῇ καὶ κελεύοντος ἐνεγκεῖν τὰ γράμματα ἀπὸ τῆς τραπέζης καὶ ἀντίγραφα αἰτοῦντος, πέμψαντος Φρασιηρίδην ἐπὶ τὴν τράπεζαν, τῷ τε Φρασιηρίδῃ ἐξενέγκας ἔδωκα ζητεῖν τὰ γράμματα καὶ ἐκγράφεσθαι ὅσα οὗτος ὤφειλε, καὶ ὡς ὡμολόγει λαβεῖν οὗτος τὰ ἀντίγραφα, ἀνάγνωθί μοι τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.
44. Phormio and Euphraeus, who had paid the money to the persons designated by Timotheus, were present, and they exposed his falsehoods by showing the date at which he had contracted each loan, the person who received the money, and the use for which he expended it. Regarding the one thousand three hundred and fifty-one drachmae two obols, which he borrowed as the first loan in the month Munichion in the archonship of Socratidas, when he was about to set out on his voyage, and which the defendant ordered to be paid to Antimachus, his treasurer, he declared that my father lent the money to Antimachus on his own private account, and that he (the defendant) did not himself receive it.
44. πρὸς τοίνυν τὸν διαιτητὴν κομίσαντός μου τὰ γράμματα, παρὼν ὁ Φορμίων καὶ ὁ Εὐφραῖος, οἱ δόντες τὸ ἀργύριον οἷς ἐκέλευσεν οὗτος, ἐξήλεγχον αὐτὸν ἐν οἷς τε χρόνοις ἕκαστον ἐδανείσατο, καὶ ὅστις ἔλαβε τὸ ἀργύριον, καὶ εἰς ἃ κατεχρήσατο. ὁ δὲ τὰς μὲν χιλίας καὶ τριακοσίας καὶ πεντήκοντα καὶ μίαν καὶ δύʼ ὀβολώ, ἃς πρώτας ἐδανείσατο τοῦ μουνιχιῶνος μηνὸς μέλλων ἐκπλεῖν ἐπὶ Σωκρατίδου ἄρχοντος, ἃς καὶ ἐκέλευσε δοῦναι Ἀντιμάχῳ τῷ ταμίᾳ τῷ ἑαυτοῦ, ἰδίᾳ ἔφη δανεῖσαι τὸν πατέρα Ἀντιμάχῳ καὶ οὐκ αὐτὸς λαβεῖν.
45. To prove the truth of this statement he has produced no witness, but is vigorous in his assertion, in order that it may not appear that he is himself defrauding us, but that Antimachus borrowed the money. And yet, men of the jury, I will give you a convincing proof that my father lent the money, not to Antimachus, but to Timotheus when he was about to sail. For which do you think would have been the easier course for my father, to file a claim against the estate of Antimachus, when his property was confiscated, for this sum as due to him, supposing he had lent it to Antimachus, or to wait until the defendant might be in better circumstances so as to collect it from him, seeing that he had at that time little hope of deliverance?
45. καὶ ὡς μὲν ἀληθῆ λέγει, οὐδένα μάρτυρα παρέσχηται, λόγῳ δὲ καταχρῆται, ἵνα μὴ αὐτὸς δοκῇ ἀποστερεῖν ἀλλʼ Ἀντίμαχος δανείσασθαι. καίτοι, ὦ ἄνδρες δικασταί, μέγα ὑμῖν ἐρῶ τεκμήριον ὅτι οὐκ Ἀντιμάχῳ ἐδάνεισεν ὁ πατὴρ τοῦτο τὸ ἀργύριον, ἀλλὰ Τιμοθέῳ περὶ ἀναγωγὴν ὄντι. πότερα γὰρ ἂν οἴεσθε ῥᾷον εἶναι τῷ πατρὶ δημευθέντων τῶν Ἀντιμάχου ἐνεπισκήψασθαι ἐν τῇ οὐσίᾳ τῇ ἐκείνου ἐνοφειλόμενον αὑτῷ τοῦτο τὸ ἀργύριον, εἴπερ Ἀντιμάχῳ ἐδάνεισεν, ἢ ἀναμένειν ὁπότε παρὰ τούτου κομιεῖσθαι ἔμελλεν εὐπορήσαντος, ὃς οὐ πολλὰς ἐλπίδας σωτηρίας περὶ αὑτοῦ εἶχεν ἐν ἐκείνῳ τῷ χρόνῳ;
46. Surely, if he had filed the claim, he would not have been at a loss to find the deposit money, nor would you have had any cause to disbelieve him. For you all know that my father had no wish unjustly to acquire public funds, but that he willingly expended his own money in your service whenever you bade him do so;
46. καὶ μὴν ἐνεπισκηψάμενός γε οὔτʼ ἂν παρακαταβολῆς ἠπόρησεν οὔτʼ ἂν ἠπιστήθη ὑφʼ ὑμῶν (πάντες γὰρ ἴστε τὸν πατέρα τὸν ἐμὸν οὐ τῶν δημοσίων ἀδίκως ἐπιθυμοῦντα, ἀλλὰ τῶν αὑτοῦ ὑμῖν, ὅ τι κελεύσαιτε, προθύμως ἀναλίσκοντα), εἶτα καὶ ἐπιτηδείου ὄντος αὐτῷ Καλλιστράτου, ὅσπερ ἐδήμευσεν τὰ Ἀντιμάχου, ὥστε μηδὲν ἐναντιοῦσθαι.
47. and besides, Callistratus, who sold the goods of Antimachus, was a friend of his, so that my father was meeting no opposition. What possible motive then, could my father have had to leave Timotheus inscribed in his books is our debtor, if he did not really owe the money, rather than file his claim and recover his debt from the confiscated estate of Antimachus?
47. ὥστε τί ἄν ποτε βουλόμενος ὁ πατὴρ ἐβούλετο Τιμόθεον χρήστην ἐγγράψας ἡμῖν καταλιπεῖν, εἴπερ μὴ ὤφειλεν τοῦτο τὸ ἀργύριον, μᾶλλον ἢ οὐκ ἐκ τῶν Ἀντιμάχου δημευθέντων ἐνεπισκηψάμενος κομίσασθαι;
48. Now with regard to the one thousand drachmae which he borrowed from Antiphanes in Calaureia to distribute to the Boeotian trierarchs, when he was about to sail home for his trial, and which he paid to Philip the shipowner after he had got them from my father, he maintains that the Boeotian admiral borrowed the money and gave my father some copper as security for it. That this, however, is untrue, I will give you a convincing proof.
48. περὶ δὲ τῶν χιλίων δραχμῶν, ἃς ἐδανείσατο παρὰ τοῦ Ἀντιφάνους ἐν Καλαυρείᾳ, ἵνα διαδοίη τοῖς Βοιωτίοις τριηράρχοις, μέλλων καταπλεῖν ἐπὶ τὴν κρίσιν, ἃς καὶ ἀπέδωκεν Φιλίππῳ τῷ ναυκλήρῳ ἐνθάδε λαβὼν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, τὸν Βοιώτιον ναύαρχόν φησι δανείσασθαι, καὶ ὑποθεῖναι τούτου τοῦ ἀργυρίου τῷ πατρὶ τῷ ἐμῷ χαλκόν.
49. In the first place, it is proved that the defendant borrowed the thousand drachmae in Calaureia, and not the Boeotian admiral; secondly, that Philip demanded payment of the thousand drachmae here from Timotheus and not from the Boeotian admiral, and that Timotheus made payment and not the Boeotian admiral; for it was quite proper that the Boeotian admiral should receive from Timotheus the maintenance for the crews of his ships, since the pay for the troops came out of a common contribution, and it was you, Timotheus, who collected all the money from the allies, and you were bound to account for it.
49. ὡς δʼ οὐκ ἀληθῆ λέγει, μέγα ὑμῖν ἐρῶ τεκμήριον. πρῶτον μὲν γὰρ ἐν Καλαυρείᾳ οὗτος φαίνεται δανεισάμενος τὰς χιλίας δραχμὰς καὶ οὐχ ὁ Βοιώτιος ναύαρχος, ἔπειτα ἀπαιτῶν ὁ Φίλιππος ἐνθάδε τοῦτον τὰς χιλίας δραχμὰς καὶ οὐ τὸν Βοιώτιον ναύαρχον, καὶ ἀποδοὺς οὗτος, ἀλλʼ οὐχ ὁ Βοιώτιος ναύαρχος· προσῆκεν γὰρ τῷ μὲν Βοιωτίῳ ἄρχοντι παρὰ τούτου τὴν τροφὴν τοῖς ἐν ταῖς ναυσὶν λαμβάνειν· ἐκ γὰρ τῶν κοινῶν συντάξεων ἡ μισθοφορία ἦν τῷ στρατεύματι· τὰ δὲ χρήματα σὺ ἅπαντα ἐξέλεξας ἐκ τῶν συμμάχων, καὶ σὲ ἔδει αὐτῶν λόγον ἀποδοῦναι.
50. Again, supposing the Boeotian fleet had disbanded and the troops had dispersed to their various homes, the Boeotian admiral was in no danger from the Athenians, nor was any trial impending over him; you, however, were in very great danger, and in your utter terror you thought it would be a great aid to your defence, if the Boeotian triremes should stay with the fleet until your trial should come off. Besides, from what motive of friendship pray, would my father have lent the one thousand drachmae to the Boeotian admiral whom he did not even know?
50. εἶτα καταλυθεισῶν τῶν Βοιωτίων νεῶν καὶ διαπελθόντων τῶν στρατιωτῶν τῷ μὲν Βοιωτίῳ ναυάρχῳ οὐδεὶς κίνδυνος ὑπʼ Ἀθηναίων ἦν, οὐδʼ ἐν ἀγῶνι καθειστήκει οὐδενί· σὺ δʼ ἐν τῷ μεγίστῳ· περίφοβος δὲ ὢν ἡγοῦ σοι μεγάλην ἐπικουρίαν ἀπολογίας ἔσεσθαι, ἐὰν παραμείνωσιν αἱ Βοιώτιαι τριήρεις, ἕως ἄν σοι ἡ κρίσις γένηται. ἔπειτα καὶ ἐκ τίνος ἂν φιλίας ποτὲ ἐδάνεισεν ὁ πατὴρ ὁ ἐμὸς τῷ Βοιωτίῳ ναυάρχῳ τὰς χιλίας δραχμάς, ὃν οὐκ ἐγίγνωσκεν;
51. Ah, but he says the admiral pledged some copper as security. How much, then? and from what country was it imported? And from what source did the Boeotian admiral get the copper? Was it imported by way of trade, or was it obtained from prisoners? Then who were the persons who brought the copper to my father? Were they hired men, or slaves?
51. ἀλλὰ γὰρ ὑποθέσθαι φησὶν αὐτὸν χαλκόν. πόσον τινὰ καὶ ποδαπόν; καὶ πόθεν γενόμενον τὸν χαλκὸν τοῦτον τῷ Βοιωτίῳ ναυάρχῳ; πότερα κατʼ ἐμπορίαν ἀχθέντα ἢ ἀπʼ αἰχμαλώτων γενόμενον; εἶτα τίνες ἦσαν οἱ ἐνέγκαντες τὸν χαλκὸν ὡς τὸν πατέρα τὸν ἐμόν; μισθωτοὶ ἢ οἰκέται;
52. And which one of our slaves was it who received it? For, if slaves brought it, he ought to have delivered them up for the torture, but if hired men, he ought to have demanded for the torture the slave of ours who received and weighed the copper; for, I fancy, neither would the one taking the copper in pledge accept it, nor the one offering it give it over, without weighing; nor was my father likely to carry the copper and weigh it himself, since he had slaves who were accustomed to receive the articles given as security for loans.
52. ἢ τίς ὁ παραλαβὼν τῶν οἰκετῶν τῶν ἡμετέρων; χρῆν γὰρ αὐτόν, εἰ μὲν οἰκέται ἤνεγκαν, τοὺς κομίσαντας παραδιδόναι, εἰ δὲ μισθωτοί, τὸν ὑποδεξάμενον καὶ ἀποστησάμενον τὸν χαλκὸν τῶν οἰκετῶν τῶν ἡμετέρων, τοῦτον ἐξαιτεῖν· οὐ γὰρ δήπου ἄνευ γε σταθμοῦ ἔμελλεν οὔτε ὁ ὑποτιθέμενος ⟨παραλήψεσθαι⟩ οὔθʼ ὁ ὑποτιθεὶς τὸν χαλκὸν παραδώσειν, οὐδʼ αὖ ὁ πατὴρ ἔμελλεν αὐτὸς οὔτε οἴσειν τὸν χαλκὸν οὔτε στήσεσθαι, ἀλλʼ οἰκέται ἦσαν αὐτῷ, οἳ τὰ ἐνέχυρα τῶν δανεισμάτων παρελάμβανον.
53. And I certainly wonder for what possible reason the Boeotian admiral should have given the copper to my father as security, if he owed a thousand drachmae to Philip. Was it that Philip would not have been glad to receive interest, if his money was lent safely and on security? or that Philip had no money? So, what need was there for the Boeotian admiral to ask my father to lend the thousand drachmae and pay Philip, rather than give the copper as security to Philip?
53. θαυμάζω δʼ ἔγωγε καὶ τίνος ἕνεκʼ ἄν ποτε ὑπετίθει τὸν χαλκὸν τῷ πατρὶ τῷ ἐμῷ ὁ Βοιώτιος ναύαρχος, Φιλίππῳ ὀφείλων χιλίας δραχμάς. πότερον ὡς Φίλιππος οὐκ ἂν ἡδέως τόκον ἐλάμβανεν, εἴπερ ἀσφαλῶς ἦν αὐτῷ τὸ ἀργύριον δεδανεισμένον καὶ ἐπʼ ἐνεχύρῳ; ἢ ὡς οὐκ ἦν τῷ Φιλίππῳ ἀργύριον; ὥστε τι ἔδει τοῦ πατρὸς τοῦ ἐμοῦ δεηθῆναι δανεῖσαι τὰς χιλίας δραχμὰς τὸν Βοιώτιον ναύαρχον καὶ ἀποδοῦναι Φιλίππῳ μᾶλλον ἢ οὐ τὸν χαλκὸν ὑποθεῖναι τῷ Φιλίππῳ;
54. But, men of the jury, the copper was not given as security, nor did the Boeotian admiral borrow the thousand drachmae from my father, but this man Timotheus borrowed them, being in great distress; and the urgent need, to meet which he used the money, I have told you. But instead of evincing gratitude for the confidence shown him and the loan which he received from my father, he thinks it proper to defraud us, if he can, even of the principal.
54. ἀλλʼ οὔτε ὁ χαλκὸς ὑπετέθη, ὦ ἄνδρες δικασταί, οὔτε ὁ Βοιώτιος ναύαρχος ἐδανείσατο τὰς χιλίας δραχμὰς παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, ἀλλὰ Τιμόθεος οὑτοσὶ ἐν ἀπορίᾳ ὢν πολλῇ· τὴν δὲ χρείαν, εἰς ἣν κατεχρήσατο τῷ ἀργυρίῳ, εἴρηκα ὑμῖν. ἀντὶ δὲ τοῦ χάριν ἀποδοῦναι ὧν ἐπιστεύθη καὶ ἔλαβεν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, οἴεται δεῖν καὶ τὰ ἀρχαῖα, ἂν δύνηται, ἀποστερῆσαι.
55. Now, as to the bowls and the mina of silver, which he borrowed from my father when he sent his bodyservant Aeschrion to my father in the night, I asked him before the arbitrator if Aeschrion was still a slave, and demanded that he be put to the test “in his hide.” He answered that Aeschrion was free, so I desisted from my demand; but I required him to put in a deposition made by Aeschrion as being a free man.
55. περὶ μὲν τοίνυν τῶν φιαλῶν καὶ τῆς μνᾶς τοῦ ἀργυρίου, ἣν ἐδανείσατο παρὰ τοῦ πατρὸς πέμψας τὸν ἀκόλουθον τὸν ἑαυτοῦ Αἰσχρίωνα τῆς νυκτὸς ὡς τὸν πατέρα τὸν ἐμόν, ἠρόμην αὐτὸν πρὸς τῷ διαιτητῇ εἰ ἔτι δοῦλος εἴη ὁ Αἰσχρίων, καὶ ἠξίουν αὐτὸν ἐν τῷ δέρματι τὸν ἔλεγχον διδόναι. ἀποκριναμένου δέ μοι τούτου ὅτι ἐλεύθερος εἴη, τῆς μὲν ἐξαιτήσεως ἐπέσχον, μαρτυρίαν δʼ αὐτὸν ἠξίουν ἐμβαλέσθαι τοῦ Αἰσχρίωνος ὡς ἐλευθέρου ὄντος.
56. He, however, neither provided a deposition from Aeschrion, as being free, nor would he deliver him up as a slave that proof might be had from his body; for he was afraid that, if he produced a deposition from him as being free, I should bring suit for false testimony, and after proving that Aeschrion had testified falsely, should proceed against Timotheus himself for subornation, as the law provides; and if, again, he should deliver him up for the torture, he was afraid that Aeschrion would state the truth against him.
56. ὁ δὲ οὔτε ὡς ἐλευθέρου ὄντος τοῦ Αἰσχρίωνος μαρτυρίαν παρέσχετο, οὔθʼ ὡς δοῦλον τὸν Αἰσχρίωνα παραδοὺς ἐκ τοῦ σώματος τὸν ἔλεγχον ἠξίου γενέσθαι, φοβούμενος, ἐὰν μὲν μαρτυρίαν παράσχηται ὡς ἐλευθέρου ὄντος, μὴ ἐπισκηψάμενος ἐγὼ τῶν ψευδομαρτυρίων καὶ ἐξελέγξας τὰ ψευδῆ μεμαρτυρηκότα τὸν Αἰσχρίωνα ἐπὶ τόνδε τῶν κακοτεχνιῶν ἔλθοιμι κατὰ τὸν νόμον, εἰ δʼ αὖ βασανίζειν παραδώσει, μὴ τὰς ἀληθείας κατείποι ὁ Αἰσχρίων.
57. And yet it was a fine opportunity for him, if he was unable to produce witnesses concerning the other receipts of money, to prove this at any rate by the words of Aeschrion—that the bowls and the mina of silver were not received, and that Aeschrion was not sent by him to my father; and then to use this as evidence to you that I am uttering falsehoods in regard to my other claims upon him, seeing that his slave, whom I declare to have received the bowls and the mina of silver, was proved by the torture not to have received them.
57. καίτοι καλὸν ἦν αὐτῷ, εἰ τῶν ἄλλων λημμάτων τοῦ ἀργυρίου μάρτυρας μὴ εἶχεν παρασχέσθαι, τοῦτό γε ἐξελέγξαι ἐκ τοῦ Αἰσχρίωνος, ὡς οὐκ ἐλήφθησαν αἱ φιάλαι οὐδʼ ἡ μνᾶ τοῦ ἀργυρίου, οὐδὲ ἐπέμφθη ὁ Αἰσχρίων ὑπὸ τούτου ὡς τὸν πατέρα τὸν ἐμόν, καὶ τεκμηρίῳ τούτῳ καταχρήσασθαι πρὸς ὑμᾶς ὅτι ἐγὼ καὶ τἄλλα ψεύδομαι περὶ ὧν ἐγκαλῶ αὐτῷ, ὅπου γε ὅν φημι λαβεῖν οἰκέτην ὄντα τούτου τὰς φιάλας καὶ τὴν μνᾶν τοῦ ἀργυρίου, οὗτος βασανιζόμενος οὐ φαίνεται λαβών.
58. If, then, this would have been a strong piece of evidence for him to use before you, that, namely, he offered to deliver up Aeschrion, whom I declare to have been sent by the defendant and to have received the bowls from my father and to have borrowed the mina of silver, let it also be evidence for me to use before you, that knowing my claims to be true, he does not dare to deliver up Aeschrion for the torture.
58. εἰ τοίνυν τοῦτο ἰσχυρὸν ἦν ἂν τούτῳ πρὸς ὑμᾶς τεκμήριον ὅτι ἐξεδίδου τὸν Αἰσχρίωνα, ὃν πεμφθῆναί φημι ὑπὸ τούτου καὶ λαβεῖν τὰς φιάλας παρὰ τοῦ πατρὸς τοῦ ἐμοῦ καὶ τὴν μνᾶν τοῦ ἀργυρίου δανείσασθαι, κἀμοὶ γενέσθω τεκμήριον πρὸς ὑμᾶς ὅτι συνειδώς με ἀληθῆ ἐγκαλοῦντα οὐ τολμᾷ τὸν Αἰσχρίωνα παραδοῦναι.
59. Well, he will make the defence that he was listed in the books of the bank in the archonship of Alcisthenes as having received the freight of the timber and the price of the bowls, which my father paid to Timosthenes on his behalf, and that he was not at that time in the country, but was in the service of the king. About this I wish to give you accurate information, that you may understand clearly how the books of the bank are kept.
59. ἀπολογίαν τοίνυν ποιήσεται ὅτι ἐν τοῖς γράμμασιν τοῖς τραπεζιτικοῖς ἐπὶ Ἀλκισθένους ἄρχοντος ἦν ἐγγεγραμμένος τό τε ναῦλον τῶν ξύλων εἰληφὼς καὶ τὴν τιμὴν τῶν φιαλῶν, ὃ ἀπέτεισεν Τιμοσθένει ὑπὲρ τούτου ὁ πατήρ, καὶ ὅτι αὐτὸς ἐν τούτῳ τῷ χρόνῳ οὐκ ἐπεδήμει, ἀλλὰ παρὰ βασιλεῖ ἦν. περὶ δὴ τούτου σαφῶς ὑμᾶς βούλομαι διδάξαι, ἵνʼ ἀκριβῶς εἰδῆτε ὃν τρόπον ἔχει τὰ γράμματα τὰ ἀπὸ τῆς τραπέζης.
60. The defendant in the month Thargelion in the archonship of Asteius when he was about to sail to take service with the king, introduced Philondas to my father; and in the following year in the archonship of Alcisthenes, Philondas arrived bringing the timber from Macedonia and received the freight from my father, while Timotheus was abroad in the service of the king. Accordingly they entered the defendant as debtor at the time they paid the money, not at the time when, being in Athens, he had introduced Philondas to my father.
60. οὗτος γὰρ ἐν μὲν τῷ θαργηλιῶνι μηνὶ ἐπʼ Ἀστείου ἄρχοντος, μέλλων ἀνάγεσθαι ὡς βασιλέα, συνέστησεν τὸν Φιλώνδαν τῷ πατρὶ τῷ ἐμῷ· τοῦ δὲ ὑστέρου ἐνιαυτοῦ, ἐπὶ Ἀλκισθένους ἄρχοντος, ἀφικνεῖται ὁ Φιλώνδας ἄγων τὰ ξύλα ἐκ τῆς Μακεδονίας, καὶ ἔλαβεν τὸ ναῦλον τῶν ξύλων παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, ἀποδημοῦντος τούτου παρὰ βασιλεῖ. ἐγράψαντο οὖν, ὅτε ἐδίδοσαν τὸ ἀργύριον, ὀφείλοντα τοῦτον, οὐχ ὅτε συνέστησε τὸν Φιλώνδαν τῷ πατρὶ τῷ ἐμῷ ἐπιδημῶν.
61. For, when he introduced him, the timber had not yet come, but Philondas was about to make the journey to fetch it; when, however, he came back, bringing the timber, the defendant was abroad, but Philondas received the freight for the timber according to the defendant’s orders, and the timber was delivered to the defendant’s house in Peiraeus. That Timotheus was not well provided with funds when he sailed from Athens is already known to all of you to whom his estate was mortgaged, and whom he is now seeking to defraud. However, to prove that he borrowed money from some of our citizens without security, since he had no equivalent security to give, please read the deposition. The Deposition
61. ὅτε μὲν γὰρ συνέστησεν, οὐδέπω τὰ ξύλα ἧκεν, ἀλλʼ ἔμελλεν ἐπʼ αὐτὰ ὁ Φιλώνδας τὴν πορείαν ποιεῖσθαι· ὅτε δὲ ἦλθεν τὰ ξύλα ἄγων, οὗτος μὲν ἀπεδήμει, ὁ δὲ Φιλώνδας ἔλαβεν τὸ ναῦλον τῶν ξύλων καθάπερ οὗτος ἐκέλευσε, καὶ ἀνεκομίσθη εἰς τὴν οἰκίαν τὴν ἐν Πειραιεῖ τὴν τούτου τὰ ξύλα. ὅτι δὲ οὐκ εὐπορῶν οὗτος ἐξέπλει ἐνθένδε, ἴστε μὲν καὶ αὐτοὶ ὅσοις αὐτοῦ ἡ οὐσία ὡρισμένη ἦν, οὓς νῦν ἀποστερεῖ· ἵνα δὲ εἰδῆτε ὅτι καὶ ἄνευ ἐνεχύρων ὤφειλέ τισι τῶν πολιτῶν, οὐκ ἔχων ὑποθεῖναι τὰ ἄξια, ἀνάγνωθί μοι τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.
62. Now regarding the bowls which Aeschrion, the body-servant of the defendant, requested of me in the month Maimacterion in the archonship of Asteius, when Timotheus was in Athens at the time when he entertained Alcetas and Jason, and with the value of which he was debited in the archonship of Alcisthenes—for some time my father supposed he would return the bowls which he had borrowed; but when he went off without having returned them, and the bowls of Timosthenes were no longer in the custody of Phormio, and the one who had deposited them came and demanded their return, my father paid the price of the bowls to Timosthenes, and wrote the defendant down as owing this sum in addition to the rest of his debt.
62. περὶ δὲ τῶν φιαλῶν, ἃς ᾐτήσατο μὲν ἐν τῷ μαιμακτηριῶνι μηνὶ ὁ Αἰσχρίων ὁ ἀκόλουθος ⟨ὁ⟩ τούτου ἐπʼ Ἀστείου ἄρχοντος, ἐπιδημοῦντος τούτου, ὅτε ὑπεδέξατο Ἀλκέτην καὶ Ἰάσονα, γεγραμμένου δὲ τὴν τιμὴν ὀφείλοντος τούτου ἐπὶ Ἀλκισθένους ἄρχοντος, τέως μὲν ᾤετο αὐτὸν ἀποίσειν τὰς φιάλας, ἃς ᾐτήσατο, ὁ πατήρ· ἐπειδὴ δὲ οὗτος μὲν ἀπῆλθε, τὰς δὲ φιάλας οὐκ ἀπενηνόχει, οὐδʼ ἦσαν αἱ φιάλαι τοῦ Τιμοσθένους κείμεναι παρὰ τῷ Φορμίωνι, ἥκων δʼ ἀπῄτει τὰς φιάλας ὁ θέμενος, ἀπέτεισε τιμὴν τῶν φιαλῶν τῷ Τιμοσθένει, ἐγράψατο δὲ ὁ πατὴρ αὑτῷ τοῦτον ὀφείλοντα πρὸς τὸ ἄλλο χρέως.
63. If, then, he makes use of this defence, that he was not in Athens at the time when he was debited with the cost of the bowls, make this reply to him: “You received them, when here, and since you did not return them, and were abroad, and the bowls which the depositor claimed were not there, you were debited with their value, that sum, namely, which was paid for the bowls.”
63. ὥστʼ ἐὰν ταύτῃ ἀπολογίᾳ καταχρῆται, ὅτι οὐκ ἐπεδήμει ἐν τοῖς χρόνοις ἐν οἷς γέγραπται τὴν τιμὴν τῶν φιαλῶν ὀφείλων, ὑποβάλλετε αὐτῷ ὅτι ἔλαβες μὲν ἐπιδημῶν· ἐπειδὴ δὲ οὐκ ἀπέφερες, ἀπεδήμεις δέ, οὐκ ἦσαν δὲ αἱ φιάλαι ἃς ὁ θέμενος ἀπῄτει, ἐγράφης τὴν τιμὴν αὐτῶν ὀφείλων, ὃ ἀπετείσθη τῶν φιαλῶν.
64. Ah but, he will perhaps say, my father ought to have demanded the return of the bowls from him. But my father saw in what straits you were, Timotheus. He trusted you in regard to the rest of your debt, and believed that after your return to Athens he would recover his money from you, when you should be better off for funds. Was he, then, going to distrust you in the matter of the bowls? He promised at your request that he would provide the freight for the timber when you were sailing to take service with the king; was he, then, going to distrust you because of a couple of bowls? He did not demand of you that you pay the rest of the debt, because he saw that you were without funds. Was he, then, going to demand the bowls?
64. ἀλλὰ νὴ Δία, φήσει ἴσως, ἔδει τὸν πατέρα τὸν ἐμὸν ἀπαιτεῖν αὐτὸν τὰς φιάλας. ἀλλʼ ἑώρα σε ὡς ἠποροῦ. κᾆτα περὶ μὲν τοῦ ἄλλου χρέως σοι ἐπίστευεν, καὶ ἡγεῖτο, ἐπειδὰν ἔλθῃς, ἀπολήψεσθαι παρὰ σοῦ εὐπορήσαντος, περὶ δὲ τῶν φιαλῶν σοι ἀπιστήσειν ἔμελλεν; καὶ ὑπέσχετο μὲν δεομένου σου τὸ ναῦλον τῶν ξύλων παρασχήσειν, ὅτε ἀνήγου πρὸς βασιλέα· ἕνεκα δὲ τῶν φιαλῶν, δυοῖν οὐσῶν, ἀπιστήσειν σοι ἔμελλε; καὶ τὸ μὲν ἄλλο χρέως σε οὐκ ἀπῄτει, ἀπορούμενον ὁρῶν, τὰς δὲ φιάλας ἔμελλεν;
65. I wish now to speak about the challenge to an oath, which I tendered the defendant, and he tendered me. For after I had put an oath in the evidence-box, he thought that, by taking an oath himself, he could be quit of the affair. And, if I had not known that he had flagrantly perjured himself in many solemn oaths both to states and to individuals, I should have allowed him to take the oath; but as it was, seeing that I had witnesses to prove that the persons appointed by him had in fact received the money from the bank, and conclusive circumstantial evidence as well, it seemed to me a monstrous thing to give an oath to one who would not only take no care to swear honestly, but who, when it was a question of gain, has not spared even temples.
65. βούλομαι τοίνυν ὑμῖν καὶ περὶ τῆς προκλήσεως τοῦ ὅρκου εἰπεῖν, ἣν ἐγὼ τοῦτον προὐκαλεσάμην καὶ οὗτος ἐμέ. ἐμβαλομένου γὰρ ἐμοῦ ὅρκον εἰς τὸν ἐχῖνον, ἠξίου οὗτος καὶ αὐτὸς ὀμόσας ἀπηλλάχθαι. ἐγὼ δʼ εἰ μὲν μὴ περιφανῶς αὐτὸν ᾔδη πολλοὺς καὶ μεγάλους ὅρκους ἐπιωρκηκότα καὶ πόλεσι καὶ ἰδιώταις, ἔδωκα ἂν αὐτῷ τόνδε τὸν ὅρκον· νῦν δέ μοι ἐδόκει, μαρτύρων μὲν ὄντων ἐμοὶ ὡς ἔλαβον τὸ ἀργύριον ἀπὸ τῆς τραπέζης οἷς οὗτος ἐκέλευσεν δοῦναι, περιφανῶν δὲ τεκμηρίων, δεινὸν εἶναι τὸν ὅρκον δοῦναι τούτῳ, ὃς οὐχ ὅπως εὐορκήσει πρόνοιαν ποιήσεται, ἀλλʼ οὐδὲ τῶν ἱερῶν αὐτῶν ἕνεκα τοῦ πλεονεκτήματος ἀπέσχηται.
66. The specific instances of the perjuries which he has committed without scruple would make a long story; but I will call to your minds the most flagrant instances and those of which you are all well aware. You know that he swore in the assembly, imprecating destruction upon himself and dedicating his property to sacred uses, if he should fail to indict Iphicrates as a usurper of the rights of citizenship. Yet, although he had sworn and promised this in the assembly, no long time afterwards, in order to serve his own interests, he gave his daughter in marraige to the son of Iphicrates.
66. τὰ μὲν οὖν καθʼ ἕκαστα πόλλʼ ἂν εἴη λέγειν, ὧν ἐπιώρκηκεν οὗτος ῥᾳδίως· οὓς δὲ περιφανέστατα καὶ ὑμεῖς αὐτῷ πάντες σύνιστε ὅρκους ἐπιωρκηκότι, τούτους ἀναμνήσω ὑμᾶς. ἴστε γὰρ τοῦτον ἐν τῷ δήμῳ ὀμόσαντα καὶ ἐπαρασάμενον αὑτῷ ἐξώλειαν, εἰ μὴ γράψοιτο Ἰφικράτην ξενίας, καὶ καθιερώσαντα τὴν οὐσίαν τὴν ἑαυτοῦ. ὀμόσας δὲ ταῦτα καὶ ὑποσχόμενος ἐν τῷ δήμῳ, οὐ πολλῷ χρόνῳ ὕστερον ἕνεκα τοῦ συμφέροντος αὑτῷ ἔδωκεν τῷ υἱεῖ τῷ ἐκείνου τὴν θυγατέρα.
67. When a man, then, felt no shame in deceiving you to whom he had pledged his word, though there are laws which declare that, if a man deceive the people by a promise, he shall be liable to impeachment,—when, after swearing and imprecating destruction upon himself, he had no fear of the gods in whose name he had perjured himself—was it strange that I was unwilling to allow him to take an oath? Again, not very long ago, he once more solemnly declared in the assembly that he had not adequate provision for his old age—he, who possesses so large an estate; so insatiate and grasping is his character.
67. ὃς οὖν οὔτε ὑμᾶς ᾐσχύνθη ἐξαπατῆσαι ὑποσχόμενος, νόμων ὄντων, ἐάν τις τὸν δῆμον ὑποσχόμενος ἐξαπατήσῃ, εἰσαγγελίαν εἶναι περὶ αὐτοῦ, οὔτε τοὺς θεοὺς ὀμόσας καὶ ἐπαρασάμενος ἑαυτῷ ἔδεισεν, οὓς ἐπιώρκησεν, πῶς οὐκ εἰκὸς ἐμὲ τούτῳ μὴ ἐθέλειν ὅρκον δοῦναι; οὔπω τοίνυν πολὺς χρόνος ἐστὶν ἐξ ὅτου ἐν τῷ δήμῳ πάλιν διωμόσατο μὴ εἶναι αὑτῷ ἐφόδια τῷ γήρᾳ ἱκανά, τοσαύτην οὐσίαν κεκτημένος· οὕτως ἄπληστος καὶ αἰσχροκερδὴς ὁ τρόπος αὐτοῦ ἐστιν.
68. I should be glad, however, to ask you whether you feel anger against bankers who have failed. For, if you have reason to feel anger against them because they do you injury, is it not reasonable for you to support those who do you no injury? Surely it is through men like Timotheus that banks are caused to fail; for when they are in need they borrow money, and think they should obtain credit because of their reputation; but when they are in funds they do not make payments but seek to defraud their creditors.
68. ἡδέως δʼ ἂν ἔγωγε πυθοίμην ὑμῶν εἰ ὀργίζεσθε τοῖς ἀνεσκευασμένοις τῶν τραπεζιτῶν. εἰ γὰρ ἐκείνοις ὀργίζεσθε δικαίως ὅτι ἀδικοῦσιν ὑμᾶς, πῶς οὐκ εἰκός ἐστιν βοηθεῖν τοῖς μηδὲν ἀδικοῦσιν; καὶ μὴν διὰ τούτους τοὺς ἄνδρας αἱ τράπεζαι ἀνασκευάζονται, ὅταν ἀπορούμενοι μὲν δανείζωνται καὶ οἴωνται διὰ τὴν δόξαν πιστεύεσθαι δεῖν, εὐπορήσαντες δὲ μὴ ἀποδιδῶσιν, ἀλλʼ ἀποστερῶσιν.
69. All matters, men of the jury, in proof of which I was able to provide witnesses, have been proved to you by witnesses; further, I have shown you by circumstantial evidence that Timotheus owes the money to my father. I beg you therefore to aid me in recovering from my father’s debtors the estate which he left me.
69. ὅσων μὲν τοίνυν, ὦ ἄνδρες δικασταί, ἐδυνάμην ὑμῖν μάρτυρας παρασχέσθαι, μεμαρτυρήκασί μοι· ἔτι δὲ καὶ ἐκ τεκμηρίων δεδήλωκα ὑμῖν ὡς ὀφείλει Τιμόθεος τὸ ἀργύριον τῷ πατρὶ τῷ ἐμῷ. δέομαι οὖν ὑμῶν συνεισπρᾶξαί μοι τοὺς ὀφείλοντας, ἅ μοι ὁ πατὴρ κατέλιπεν.