0. Argument Pyrrhus had adopted one of his sister's two sons, Endius, who enjoyed the estate for more than twenty years and then died. Xenocles then sued for the property in the name of Phile, his wife, and declared upon oath that she was a legitimate daughter of Pyrrhus, the succession being claimed by Endius's mother. Xenocles was convicted of perjury. Nicodemus had also borne witness that he had given his daughter in legal marriage to Pyrrhus and that Phile was her child. The brother of Endius declares that while Phile is illegitimate, having been the child of Pyrrhus by a mistress, and that she was given as such in marriage to Xenocles. The question at issue is one of fact, and the action a charge of perjury against Nicodemus.
0. Ὑπόθεσις Πύρρου τὸν ἕτερον 〈τῶν〉 τῆς ἀδελφῆς υἱῶν υἱοποιησαμένου Ἔνδιον, καὶ τούτου πλέον ἢ εἴκοσιν ἔτη τὸν κλῆρον κατασχόντος, εἶτα ἀποθανόντος, Ξενοκλῆς λαχὼν τῶν χρημάτων ὑπὲρ Φίλης, τῆς ἑαυτοῦ γυναικός, διεμαρτύρησεν εἶναι αὐτὴν γνησίαν Πύρρου θυγατέρα, ἀμφισβητούσης τοῦ κλήρου τῆς Ἐνδίου μητρός· καὶ ἑάλω ψευδομαρτυριῶν, Νικοδήμου καὶ αὐτοῦ μαρτυρήσαντος ἐγγυῆσαι Πύρρῳ τὴν ἀδελφὴν κατὰ τοὺς νόμους, ἐξ ἧς γεγονέναι τὴν Φίλην. ὁ Ἐνδίου δὲ ἀδελφὸς νόθην εἶναί φησιν, ἐξ ἑταίρας Πύρρῳ γενομένην, καὶ οὕτως ὑπὸ Ἐνδίου ἐκδοθῆναι Ξενοκλεῖ. ἡ στάσις στοχασμός, τὸ δὲ ἔγκλημα ψευδομαρτυριῶν κατὰ τοῦ Νικοδήμου.
1. Judges, my mother's brother, Pyrrhus, having no legitimate issue, adopted my brother Endius as his son. The latter inherited his estate and survived him by more than twenty years; and during all this long period of possession no one claimed the estate or questioned his right of inheritance.
1. ἄνδρες δικασταί, ὁ ἀδελφὸς τῆς μητρὸς τῆς ἐμῆς Πύρρος, ἄπαις ὢν γνησίων παίδων, ἐποιήσατο Ἔνδιον τὸν ἀδελφὸν τὸν ἐμὸν ὑὸν ἑαυτῷ· ὃς κληρονόμος ὢν τῶν ἐκείνου ἐπεβίω πλείω ἔτη ἢ εἴκοσι, καὶ ἐν χρόνῳ τοσούτῳ ἔχοντος ἐκείνου τὸν κλῆρον οὐδεὶς πώποτε προσεποιήσατο οὐδʼ ἠμφισβήτησε τῆς κληρονομίας ἐκείνῳ.
2. My brother having died last year, Phile, ignoring the existence of the last tenant, came forward, claiming to be the legitimate daughter of our uncle, and Xenocles of Coprus, as her legal representative, demanded to be given possession of the estate of Pyrrhus, who had died more than twenty years before, having fixed the value of the estate at three talents.
2. τελευτήσαντος δὲ τοῦ ἀδελφοῦ πέρυσιν, ὑπερβᾶσα τὸν τελευταῖον κληρονόμον, γνησία θυγάτηρ τοῦ ἡμετέρου θείου ἥκει φάσκουσα εἶναι Φίλη, καὶ κύριος Ξενοκλῆς Κόπρειος τοῦ Πύρρου κλήρου λαχεῖν τὴν λῆξιν ἠξίωσεν, ὃς τετελεύτηκε πλείω ἢ εἴκοσιν ἔτη, τρία τάλαντα τίμημα τῷ κλήρῳ ἐπιγραψάμενος.
3. When our mother, the sister of Pyrrhus, claimed the estate, the legal representative of the woman who was suing for the estate had the audacity to put in a protestation that the estate was not adjudicable to our mother, because Pyrrhus, to whom it originally belonged, had a legitimate daughter. We denounced his protestation and brought before you the man who had the audacity to make it; and, having clearly convicted him of having given false evidence, we obtained from you a verdict for perjury against him. At the same time we convicted Nicodemus, the present defendant, before the same judges, of the most shameless lying in the evidence which he then gave, since he had the impudence to bear witness that he had given his sister in marriage to our uncle in the proper legal manner.
3. ἀμφισβητούσης δὲ τῆς μητρὸς τῆς ἡμετέρας, ἀδελφῆς δὲ τοῦ Πύρρου, ὁ κύριος τῆς εἰληχυίας τοῦ κλήρου γυναικὸς ἐτόλμησε διαμαρτυρῆσαι μὴ ἐπίδικον τῇ ἡμετέρᾳ μητρὶ τὸν τοῦ ἀδελφοῦ κλῆρον εἶναι, ὡς οὔσης γνησίας θυγατρὸς Πύρρῳ, οὗ ἦν ἐξ ἀρχῆς ὁ κλῆρος. ἐπισκηψάμενοι δὲ ἡμεῖς, καὶ εἰς ὑμᾶς εἰσαγαγόντες τὸν διαμαρτυρῆσαι τολμήσαντα [κατὰ] ταῦτα, ἐκεῖνόν τε ἐξελέγξαντες περιφανῶς τὰ ψευδῆ μεμαρτυρηκότα τὴν τῶν ψευδομαρτυρίων δίκην εἵλομεν παρʼ ὑμῖν, καὶ τουτονὶ Νικόδημον παραχρῆμα ἐξηλέγξαμεν ἐν τοῖς αὐτοῖς δικασταῖς ἀναισχυντότατον τῇ μαρτυρίᾳ ὄντα ταύτῃ, ὅς γε ἐτόλμησε μαρτυρῆσαι ἐγγυῆσαι τῷ θείῳ τῷ ἡμετέρῳ τὴν ἀδελφὴν τὴν ἑαυτοῦ γυναῖκα εἶναι κατὰ τοὺς νόμους.
5. That in the former trial Nicodemus's evidence was recognized as being false, the condemnation of the witness on that occasion most clearly proves. For if the present defendant had not been recognized as having given false evidence, the other witness would have been acquitted in the suit about the protestation, and the woman whom the protestation affirmed to be my uncle's legitimate daughter would have been established as his heiress instead of our mother.
5. ὅτι μὲν οὖν καὶ ἐν τῇ προτέρᾳ δίκῃ ἡ τούτου μαρτυρία ψευδὴς ἔδοξεν εἶναι, ὁ τόθʼ ἑαλωκὼς μάρτυς σαφέστατα τοῦτον ἐξελέγχει. εἰ γὰρ μὴ ἐδόκει οὗτος τὰ ψευδῆ τότε μαρτυρῆσαι, δῆλον ὅτι ἐκεῖνός τʼ ἂν ἀποφυγὼν τὴν διαμαρτυρίαν ἀπῆλθε, καὶ κληρονόμος ἂν τῶν τοῦ θείου ἡ διαμαρτυρηθεῖσα γνησία θυγάτηρ εἶναι, ἀλλʼ οὐκ ἂν ἡ ἡμετέρα κατέστη μήτηρ.
6. But since the witness was convicted and the woman who claimed to be Pyrrhus's legitimate daughter abandoned her pretensions to the estate, it follows by absolute necessity that Nicodemus's evidence has been also condemned; for, having solemnly sworn to the truth of the same proposition, he was a party to the action for perjury which was to decide whether the woman who claimed my uncle's estate was the issue of a legitimate wife or of a mistress. You, too, will realize that this is so when you have heard our affidavit, the evidence of Nicodemus, and the protestation which was overruled.
6. ἁλόντος δὲ τοῦ μάρτυρος καὶ ἀποστάσης τοῦ κλήρου τῆς ἀμφισβητούσης σβητούσης γνησίας θυγατρὸς Πύρρῳ εἶναι, μεγάλη ἀνάγκη ἅμα καὶ τὴν τούτου μαρτυρίαν ἑαλωκέναι· περὶ γὰρ αὐτοῦ τούτου διαμαρτυρήσας τὴν τῶν ψευδομαρτυρίων δίκην ἠγωνίζετο, πότερον ἐξ ἐγγυητῆς ἢ ἐξ ἑταίρας ἡ ἀμφισβητοῦσα τοῦ κλήρου τῷ θείῳ [γυναικὸς] εἴη· γνώσεσθε 〈δʼ〉 ἀκούσαντες καὶ ὑμεῖς τῆς τε ἀντωμοσίας τῆς ἡμετέρας καὶ τῆς τούτου μαρτυρίας καὶ τῆς ἁλούσης διαμαρτυρίας.
7. Please take and read these documents to the court. Affidavits Evidence Protestation It has now been shown that it was immediately apparent to all at the time that Nicodemus committed perjury; but it is proper that the falsity of his evidence should be proved before you also who are about to give your verdict on this very issue.
7. ἀναγίγνωσκε λαβὼν τασδὶ αὐτοῖς. Ἀντωμοσία Μαρτυρία Διαμαρτυρία ὡς μὲν ἔδοξε παραχρῆμα εὐθὺς τότε 〈πᾶσι〉 τὰ ψευδῆ μαρτυρῆσαι Νικόδημος ἐπιδέδεικται [τότε πᾶσι]· προσήκει δὲ καὶ παρʼ ὑμῖν τοῖς περὶ αὐτοῦ τούτου τὴν δίκην μέλλουσι ψηφιεῖσθαι ἐξελεγχθῆναι τὴν τούτου μαρτυρίαν.
8. But I desire first to ask some questions. He has deposed that he married his sister to a man who possessed a fortune of three talents; what dowry does he allege that he gave with her? Next, did this wedded wife leave her husband during his lifetime or quit his house after his death? And from whom did the defendant recover his sister's dowry after the death of him to whom he has deposed that he gave her in marriage?
8. ἐπιθυμῶ δὲ πρῶτον μὲν [περὶ αὐτοῦ τούτου] πυθέσθαι, ἥν τινά ποτε προῖκά φησιν ἐπιδοὺς ἐκδοῦναι τὴν ἀδελφὴν ὁ μεμαρτυρηκὼς τῷ τὸν τριτάλαντον οἶκον κεκτημένῳ, εἶτα πότερον ἡ ἐγγυητὴ γυνὴ ἀπέλιπε τὸν ἄνδρα ζῶντα ἢ τελευτήσαντος τὸν οἶκον αὐτοῦ, καὶ παρʼ ὅτου ἐκομίσατο τὴν τῆς ἀδελφῆς προῖκα οὗτος, ἐπειδὴ τετελευτηκὼς ἦν ᾧ μεμαρτύρηκεν οὗτος αὐτὴν ἐγγυῆσαι, ἢ εἰ μὴ ἐκομίζετο, ὁποίαν δίκην σίτου ἢ τῆς προικὸς αὐτῆς ἐν εἴκοσιν ἔτεσι τῷ ἔχοντι τὸν κλῆρον δικάσασθαι ἠξίωσεν, ἢ εἴ του ἀνθρώπων ἐναντίον προσῆλθεν ἐγκαλῶν τῷ κληρονόμῳ περὶ τῆς προικὸς τῆς ἀδελφῆς ἐν χρόνῳ τοσούτῳ.
9. Or, if he did not recover it, what action did he think fit to institute to obtain her maintenance or the restitution of her dowry against the man who was for twenty years the tenant of the estate? Or did he ever, during all that long period, go and make any claim upon the heir regarding his sister's dowry in the presence of any witness? I should be glad to learn what was the reason why none of these steps has been taken in favor of a woman, who, according to the defendant's evidence, was legally married.
9. περί τε οὖν τούτων ἡδέως ἂν πυθοίμην, ὅ τι ποτʼ ἦν τὸ αἴτιον τοῦ μηδὲν τούτων γεγενῆσθαι περὶ τῆς ἐγγυητῆς (ὡς μεμαρτύρηκεν οὗτος) γυναικός, καὶ πρὸς τούτοις εἴ τις ἄλλος ἐγγυητὴν ἔσχε τὴν τούτου ἀδελφὴν γυναῖκα, ἢ τῶν πρότερον χρησαμένων πρὶν γνῶναι τὸν ἡμέτερον θεῖον αὐτήν, ἢ ὅσοι ἐκείνου γιγνώσκοντος ἐπλησίαζον αὐτῇ, ἢ ὅσοι ὕστερον ἐπλησίαζον τετελευτηκότος ἐκείνου·
10. Furthermore, has anyone else taken this man's sister in legal marriage, either of those who had dealings with her before she knew our uncle, or of those who associated with her during his acquaintance with her, or of those who did so after his decease? For it is clear that her brother has given her in marriage on the same terms to all those associated with her. If it were necessary to enumerate all these persons one by one, it would amount to no small a task. If you bid me do so, I would mention some of them; but if it is as unpleasant to some of you to hear as it is to me to mention such matters, I will content myself with producing the actual depositions made at the previous trial, none of which they thought fit to contest. Yet when once they have themselves admitted that the woman was at the disposal of anyone who wished to take her, how can it be reasonably conceived that she was also a wedded wife?
10. δῆλον γὰρ ὅτι τὸν αὐτὸν τρόπον ὁ ἀδελφὸς αὐτὴν ἅπασι τοῖς πλησιάζουσιν ἐκδέδωκεν. περὶ ὧν εἰ δεήσειε καθʼ ἕκαστον διελθεῖν, οὐκ ἂν πάνυ μικρὸν ἔργον γένοιτο. ἐὰν μὲν οὖν ὑμεῖς κελεύητε, περὶ ἐνίων μνησθείην ἂν αὐτῶν· εἰ δέ τισιν ὑμῶν ἀηδὲς ἀκούειν ἐστίν, ὥσπερ ἐμοὶ λέγειν τι περὶ τούτων, αὐτὰς τὰς μαρτυρίας ὑμῖν παρέξομαι τὰς μαρτυρηθείσας ἐν τῇ προτέρᾳ δίκῃ, ὧν οὐδεμιᾷ ἐπισκήψασθαι ἠξίωσαν οὗτοι. καίτοι ὅπου κοινὴν αὐτοὶ ὡμολογήκασιν εἶναι τοῦ βουλομένου τὴν γυναῖκα, πῶς ἂν εἰκότως ἡ αὐτὴ γυνὴ ἐγγυητὴ δόξειεν εἶναι;
12. And indeed, since they have never impeached the evidence on this very point, they have in fact admitted all this. You, too, when you have heard the actual depositions, will understand that the defendant has obviously borne false witness, and that those who judged the case gave a proper and a legal sentence when they decided that the estate could not pass to a woman of irregular birth. Read the depositions; and you, please stop the water-clock.
12. ἀλλὰ μὴν ὁπότε μὴ ἐπεσκημμένοι εἰσὶ ταῖς περὶ αὐτοῦ τούτου μαρτυρίαις, ὡμολογηκότες εἰσὶ ταῦτα. ἀκούσαντες δὲ καὶ ὑμεῖς αὐτῶν τῶν μαρτυριῶν, γνώσεσθε ὡς οὗτός τε περιφανῶς τὰ ψευδῆ μεμαρτύρηκε, καὶ ὀρθῶς καὶ κατὰ τοὺς νόμους οἱ δικάσαντες τὴν δίκην ἔγνωσαν τὴν κληρονομίαν μὴ προσήκειν τῇ μὴ ὀρθῶς γεγενημένῃ γυναικί. ἀναγίγνωσκε. σὺ δʼ ἐπίλαβε τὸ ὕδωρ.
13. Depositions That the woman, whom the defendant has deposed that he gave in legal marriage to our uncle, was a courtesan who gave herself to anyone and not his wife, has been testified to you by the other acquaintances and by the neighbors of Pyrrhus, who have given evidence of quarrels, serenades, and frequent scenes of disorder which the defendant's sister occasioned whenever she was at Pyrrhus's house.
13. Μαρτυρία〈ι〉 ὡς μὲν ἑταίρα ἦν τῷ βουλομένῳ καὶ οὐ γυνὴ τοῦ ἡμετέρου θείου, ἣν οὗτος ἐγγυῆσαι ἐκείνῳ μεμαρτύρηκεν, ὑπὸ τῶν ἄλλων οἰκείων καὶ ὑπὸ τῶν γειτόνων τῶν ἐκείνου μεμαρτύρηται πρὸς ὑμᾶς· οἳ μάχας καὶ κώμους καὶ ἀσέλγειαν πολλήν, ὁπότε ἡ τούτου ἀδελφὴ εἴη παρʼ αὐτῷ, μεμαρτυρήκασι γίγνεσθαι περὶ αὐτῆς.
14. Yet no one, I presume, would dare to serenade a married woman, nor do married women accompany their husbands to banquets or think of feasting in the company of strangers, especially mere chance comers. Yet, our adversaries did not think fit to make any protest against the evidence of any of those who testified to these things. And to prove that what I say is true, read the deposition to them again.
14. καίτοι οὐ δή πού γε ἐπὶ γαμετὰς γυναῖκας οὐδεὶς ἂν κωμάζειν τολμήσειεν· οὐδὲ αἱ γαμεταὶ γυναῖκες ἔρχονται μετὰ τῶν ἀνδρῶν ἐπὶ τὰ δεῖπνα, οὐδὲ συνδειπνεῖν ἀξιοῦσι μετὰ τῶν ἀλλοτρίων, καὶ ταῦτα μετὰ τῶν ἐπιτυχόντων. ἀλλὰ μὴν τῶν γε μεμαρτυρηκότων οὐδενὶ ἐπισκήψασθαι οὗτοι ἠξίωσαν. καὶ ὡς ἀληθῆ λέγω, ἀναγίγνωσκε πάλιν αὐτοῖς τὴν μαρτυρίαν.
15. Deposition Now read the depositions about those who associated with her, so that the judge may realize that she was a courtesan at anyone's disposal and that she certainly never bore a child to any other man.
15. Μαρτυρία ἀνάγνωθι δὴ καὶ τὰς περὶ τῶν πλησιασάντων αὐτῇ μαρτυρίας, ἵνα εἰδῶσιν ὅτι ἑταίρα τε ἦν τοῦ βουλομένου, καὶ ὅτι οὐδʼ ἐξ ἑνὸς ἄλλου φαίνεται τεκοῦσα. ἀναγίγνωσκε αὐτοῖς.
16. Depositions I beg you then to bear in mind the number of persons who have given evidence that this woman, whom the defendant has deposed that he gave in marriage to our uncle, was common to all who wished to associate with her, and that she obviously was never married to or lived permanently with anyone else. Let us next consider the circumstances in which it might be conceived that a marriage with such a woman might take place, supposing that such a thing really did happen to our uncle;
16. Μαρτυρία〈ι〉 ὡς μὲν τοίνυν ἦν κοινὴ τῷ βουλομένῳ, ἣν οὗτος ἐγγυῆσαι τῷ ἡμετέρῳ θείῳ μεμαρτύρηκε, μνημονεύειν χρὴ ὑφʼ ὅσων ὑμῖν μεμαρτύρηται, καὶ ὅτι οὐδενὶ ἄλλῳ ἐγγυηθεῖσα οὐδὲ συνοικήσασα φαίνεται· σκεψώμεθα δὲ καὶ ἐξ ὧν ἄν τις ὑπονοήσειεν ἐγγύην γενέσθαι τοιαύτης γυναικός, εἰ ἄρα καὶ τῷ ἡμετέρῳ θείῳ τοιοῦτόν τι συμβέβηκεν.
17. for young men before now, having fallen in love with such women and, being unable to control their passion, have been induced by folly to ruin themselves in this way. How then can one obtain a clearer knowledge as to what happened than by a consideration of the evidence submitted in favor of our opponents in the former trial and the probabilities of the case itself?
17. ἤδη γάρ τινες νέοι ἄνθρωποι ἐπιθυμήσαντες τοιούτων γυναικῶν, καὶ ἀκρατῶς ἔχοντες αὑτῶν, ἐπείσθησαν ὑπʼ ἀνοίας εἰς αὑτοὺς τοιοῦτόν τι ἐξαμαρτεῖν. πόθεν οὖν ἄν τις σαφέστερον γνοίη περὶ τούτων, ἢ ἔκ τε τῶν μαρτυριῶν τῶν τούτοις μεμαρτυρημένων ἐν τῇ προτέρᾳ δίκῃ καὶ ἐκ τῶν εἰκότων τῶν περὶ αὐτὸ τὸ πρᾶγμα σκεψάμενος;
18. Now consider the impudence of their assertions. The man, who was, according to his own account, about to marry his sister to a man with a fortune of three talents, when he was arranging a matter of such importance, represents that only one witness was present on his behalf, namely, Pyretides, whose written deposition was produced by the other side in the previous trial. This deposition Pyretides has disavowed and refuses to admit that he made any deposition or has any knowledge of the truth of any of the facts which it contains.
18. ἐνθυμεῖσθε δὲ τὴν ἀναίδειαν ὧν λέγουσιν. ὁ μὲν γὰρ ἐγγυᾶν μέλλων εἰς τὸν τριτάλαντον οἶκον, ὥς φησι, τὴν ἀδελφήν, διαπραττόμενος τηλικαῦτα ἕνα μάρτυρα παρεῖναι αὑτῷ Πυρετίδην προσεποιήσατο, καὶ τούτου ἐκμαρτυρίαν ἐπʼ ἐκείνῃ τῇ δίκῃ παρέσχοντο οὗτοι· ἣν Πυρετίδης οὐκ ἀναδέδεκται αὐτοῖς, οὐδὲ ὁμολογεῖ μαρτυρῆσαι οὐδὲ εἰδέναι τούτων ἀληθὲς ὂν οὐδέν.
19. We have here a striking indication that this deposition produced by our opponents is certainly forged. You all know that, when we are proceeding to a deliberate act which necessitates the presence of witnesses, we habitually take with us our closest acquaintances and most intimate friends as witnesses of such acts; but of unforeseen acts carried out on the spur of the moment, we always call in the testimony of any chance persons.
19. μέγα δὲ τεκμήριον ὡς περιφανῶς ψευδῆ τὴν μαρτυρίαν οὗτοι παρέσχοντο ταύτην· ἴστε γὰρ πάντες ὡς ὅταν μὲν ἐπὶ προδήλους πράξεις ἴωμεν, ἃς δεῖ μετὰ μαρτύρων γενέσθαι, τοὺς οἰκειοτάτους καὶ οἷς ἂν τυγχάνωμεν χρώμενοι μάλιστα, τούτους παραλαμβάνειν εἰώθαμεν ἐπὶ τὰς πράξεις τὰς τοιαύτας, τῶν δὲ ἀδήλων καὶ ἐξαίφνης γιγνομένων τοὺς προστυχόντας ἕκαστοι μάρτυρας ποιούμεθα.
20. When direct evidence has to be given in court, we are obliged to employ those who were actually present, whosoever they are, as witnesses; but when it is a question of obtaining a written deposition from a witness who is ill or about to go abroad, each of us summons by preference the most reputable among his fellow-citizens and those best known to us, and we always have written depositions made in the presence not of one or two only but of as many witnesses as possible, in order to preclude the deponent from denying his deposition at some future date, and to give his evidence more weight in your eyes by the unanimous testimony of many honest men.
20. καὶ ἐπὶ μὲν ταῖς μαρτυρίαις αὐταῖς τοῖς παραγενομένοις αὐτοῖς, ὁποῖοί τινες ἂν ὦσι, τούτοις μάρτυσι χρῆσθαι ἀναγκαῖόν ἐστιν ἡμῖν· παρὰ δὲ τῶν ἀσθενούντων ἢ τῶν ἀποδημεῖν μελλόντων ὅταν τις ἐκμαρτυρίαν ποιῆται, τοὺς ἐπιεικεστάτους τῶν πολιτῶν καὶ τοὺς ἡμῖν γνωριμωτάτους ἕκαστος ἡμῶν παρακαλεῖ μάλιστα, καὶ οὐ μεθʼ ἑνὸς οὐδὲ μετὰ δυοῖν, ἀλλʼ ὡς ἂν μετὰ πλείστων δυνώμεθα τὰς ἐκμαρτυρίας πάντες ποιούμεθα, ἵνα τῷ τε ἐκμαρτυρήσαντι μὴ ἐξείη ὕστερον ἐξάρνῳ γενέσθαι τὴν μαρτυρίαν, ὑμεῖς τε πολλοῖς καὶ καλοῖς κἀγαθοῖς ταὐτὰ μαρτυροῦσι πιστεύοιτε μᾶλλον.
22. Thus, when Xenocles went to our factory at the mines at Besa, he did not think it sufficient to rely on any chance person who happened to be there as witness regarding the eviction, but took with him from Athens Diophantus of Sphettus, who defended him in the former case, and Dorotheus of Eleusis, and his brother Philochares, and many other witnesses, having invited them to make a journey of nearly three hundred stades from here to there;
22. Ξενοκλῆς τοίνυν Βήσαζε μὲν ἰὼν εἰς τὸ ἐργαστήριον τὸ ἡμέτερον εἰς τὰ ἔργα, οὐχ ἡγήσατο δεῖν τοῖς ἀπὸ τοῦ αὐτομάτου ἐκεῖ ἐντυχοῦσι μάρτυσι χρῆσθαι περὶ τῆς ἐξαγωγῆς, ἀλλʼ ἧκεν ἔχων ἐνθένδε Διόφαντον τὸν Σφήττιον μεθʼ ἑαυτοῦ, ὃς ἔλεγε τὴν δίκην ὑπὲρ τούτου, καὶ Δωρόθεον τὸν Ἐλευσίνιον καὶ τὸι ἀδελφὸν αὐτοῦ Φιλοχάρη καὶ ἄλλους πολλοὺς μάρτυρας, παρακεκληκὼς ἐνθένδε σταδίους ἐγγὺς τριακοσίους ἐκεῖσε·
23. yet when, on the question of the marriage of the grandmother of his own children, he was obtaining, as he declares, a written deposition in Athens itself, he is shown to have summoned none of his own friends but Dionysius of Erchia and Aristolochus of Aethalidae. In the presence of these two men my opponents declare that they obtained the written deposition—a document of this nature in the presence of men whom no one else would trust in any matter whatsoever!
23. περὶ δὲ τῆς ἐγγύης τῆς τήθης τῶν παίδων τῶν ἑαυτοῦ ἐν τῷ ἄστει ἐκμαρτυρίαν (ὥς φησι) ποιούμενος τῶν μὲν οἰκείων οὐδένα τῶν ἑαυτοῦ παρακεκληκὼς φαίνεται, Διονύσιον δὲ 〈τὸν〉 Ἐρχιέα καὶ [τὸν] Ἀριστόλοχον τὸν Αἰθαλίδην· μετὰ δυοῖν τούτοιν ἐν τῷ ἄστει αὐτοῦ τὴν ἐκμαρτυρίαν ποιήσασθαί φασιν οὗτοι, -- τοιαύτην μετὰ τούτων· οἷς οὐδʼ ἂν περὶ ὁτουοῦν πιστεύσειεν ἄλλος οὐδείς.
24. Perhaps it will be urged that it was a trifling matter of secondary importance about which they say that they obtained the deposition from Pyretides, so that negligence in the affair was not surprising. How so, when the trial for perjury, in which Xenocles was defendant, turned upon this very point, as to whether his own wife was the child of a concubine or of a legitimate wife? To attest a deposition like this, if it were really true, would he not have thought fit to summon all his own friends?
24. ἴσως γὰρ ἦν νὴ Δία πάρεργον καὶ φαῦλον, περὶ οὗ τὴν ἐκμαρτυρίαν παρὰ τοῦ Πυρετίδου φασὶ ποιήσασθαι οὗτοι, ὥστε οὐδὲν θαυμαστὸν ὀλιγωρηθῆναι ἦν τὸ πρᾶγμα. καὶ πῶς; οἷς γε περὶ αὐτοῦ τούτου ὁ ἀγὼν ἦν ὁ τῶν ψευδομαρτυρίων, ὃν Ξενοκλῆς ἔφευγεν, ἢ ἐξ ἑταίρας ἢ ἐξ ἐγγυητῆς τὴν ἑαυτοῦ γυναῖκα εἶναι. εἶτα ἐπὶ ταύτην ἂν τὴν μαρτυρίαν, εἰ ἦν ἀληθής, οὐκ ἂν ἅπαντας τοὺς οἰκείους τοὺς ἑαυτοῦ παρακαλεῖν ἐκεῖνος ἠξίωσεν;
25. Most assuredly he would have done so, I should have thought, if the deposition had been genuine. We see then that he did not do so, but took this deposition before two chance witnesses; Nicodemus, however, the present defendant, says that, when he married his sister to a man with a fortune of three talents, he summoned only a single witness to accompany him!
25. ναὶ μὰ Δία, ὡς ἔγωγε ᾤμην, εἴ γε ἦν ἀληθὲς τὸ πρᾶγμα. οὐ τοίνυν φαίνεται, ἀλλʼ ὁ μὲν Ξενοκλῆς πρὸς τοὺς ἐπιτυχόντας δύο ἐκμαρτυρησάμενος τὴν μαρτυρίαν ταύτην, Νικόδημος δὲ οὑτοσὶ ἕνα μόνον μάρτυρα παρακαλέσας μεθʼ ἑαυτοῦ τῷ τὸν τριτάλαντον οἶκον κεκτημένῳ ἐγγυῆσαί φησι τὴν ἀδελφήν.
26. He pretends that the only person present with him was Pyretides, who denies his assertion; on the other hand, Lysimenes and his brothers, Chaeron and Pylades, declare that they were summoned by Pyrrhus when he was about to make this brilliant match and were present at the ceremony, in spite of the fact that they were uncles of the bridegroom.
26. καὶ οὗτος μὲν τὸν Πυρετίδην μόνον, οὐχ ὁμολογοῦντα, προσεποιήσατο μεθʼ ἑαυτοῦ παραγενέσθαι· ὑπὸ δὲ τοῦ ἐγγυήσασθαι μέλλοντος τὴν τοιαύτην Λυσιμένης καὶ οἱ ἀδελφοὶ αὐτοῦ, Χαίρων καὶ Πυλάδης, φασὶ παρακληθέντες τῇ ἐγγύῃ παραγενέσθαι, καὶ ταῦτα θεῖοι ὄντες τῷ ἐγγυωμένῳ.
27. It is a matter for you to consider now whether their story seems to be credible. It appears to me, judging from probabilities, that Pyrrhus would have been much more likely to wish to keep the matter secret from all his friends, if he was meditating the making of a contract or the commission of an act discreditable to his family, rather than summon his own uncles as witnesses of so outrageous an act of folly.
27. ὑμέτερον οὖν ἔργον σκέψασθαι νῦν, εἰ δοκεῖ πιστὸν εἶναι τὸ πρᾶγμα. ἐγὼ μὲν γὰρ νομίζω, ἐκ τῶν εἰκότων σκοπούμενος, πολὺ ἂν μᾶλλον τὸν Πύρρον πάντας ἂν τοὺς οἰκείους βούλεσθαι λεληθέναι, εἴ τι παρεσκευάζετο ὁμολογεῖν ἢ πράττειν ἀνάξιον τῶν αὑτοῦ, ἢ παρακαλέσαι μάρτυρας τοὺς θείους τοὺς ἑαυτοῦ ἐπὶ ἁμάρτημα τηλικοῦτον.
28. Another matter which surprises me is that there was no agreement about a dowry for the woman on the part either of him who gave her or of him who took her in marriage. For, on the one hand, if Nicodemus gave a dowry, it would have been only natural that the amount of the dowry should be mentioned in the evidence of those who allege that they were present; on the other hand, if our uncle, under the influence of his passion, contracted a marriage with a woman of this character, clearly he who gave her in marriage would have been all the more careful to procure an agreement from the other party stating that he received money with her, so that it might not be in the latter's power easily to get rid of the woman whenever he wished.
28. ἔτι δὲ καὶ περὶ ἐκείνου θαυμάζω, εἰ μηδεμίαν προῖκα μήθʼ ὁ διδοὺς μήθʼ ὁ λαμβάνων διωμολογήσαντο ἕξειν ἐπὶ τῇ γυναικί. τοῦτο μὲν γὰρ εἴ τινα ἐδίδου, εἰκὸς ἦν καὶ τὴν δοθεῖσαν ὑπὸ τῶν παραγενέσθαι φασκόντων μαρτυρεῖσθαι· τοῦτο δʼ εἰ διʼ ἐπιθυμίαν τὴν ἐγγύην ὁ θεῖος ἡμῶν ἐποιεῖτο τῆς τοιαύτης γυναικός, δῆλον ὅτι κἂν ἀργύριον πολλῷ μᾶλλον [ἢ] ὁ ἐγγυῶν διωμολογήσατο ἔχειν αὐτὸν ἐπὶ τῇ γυναικί, ἵνα μὴ ἐπʼ ἐκείνῳ γένοιτο ῥᾳδίως ἀπαλλάττεσθαι, ὁπότε βούλοιτο, τῆς γυναικός·
29. Also, it is probable that he who gave her in marriage would have summoned many more witnesses than the man who was marrying such a woman; for you all know that such unions are very seldom permanent. The man, then, who alleges that he gave his sister in marriage, declares that he married her to a man with a fortune of three talents without any agreement about a dowry, and the uncles have given evidence that they were present as witnesses on behalf of their nephew when he married a woman of this character without a dowry.
29. καὶ μάρτυράς γε πολλῷ πλείους 〈εἰκὸς〉 ἦν τὸν ἐγγυῶντα παρακαλεῖν ἢ τὸν ἐγγυώμενον τὴν τοιαύτην· οὐδεὶς γὰρ ὑμῶν ἀγνοεῖ ὅτι ὀλίγα διαμένειν εἴωθε τῶν τοιούτων. ὁ μὲν τοίνυν ἐγγυῆσαι φάσκων μετὰ ἑνὸς μάρτυρος καὶ ἄνευ ὁμολογίας προικὸς εἰς τὸν τριτάλαντον οἶκον ἐγγυῆσαί φησι τὴν ἀδελφήν· οἱ δὲ θεῖοι τῷ ἀδελφιδῷ ἄπροικον τὴν τοιαύτην ἐγγυωμένῳ μεμαρτυρήκασι παραγενέσθαι.
30. These same uncles have deposed that they were present by invitation of their nephew at the tenth-day ceremony in honor of the child who was declared to be his daughter. Here I note with the utmost indignation that the husband, in claiming her paternal inheritance on behalf of his wife, has put down her name as Phile, while Pyrrhus's uncles, alleging that they were present, deposed that her father called her Cleitarete, after her grandmother.
30. καὶ οἱ αὐτοὶ θεῖοι οὗτοι ἐν τῇ δεκάτῃ τῆς θυγατρὸς ἀποφανθείσης εἶναι ὑπὸ τοῦ ἀδελφιδοῦ κληθέντες μεμαρτυρήκασι παραγενέσθαι. ἐφʼ ᾧ δὴ καὶ δεινῶς ἀγανακτῶ, ὅτι ὁ μὲν ἀνὴρ λαγχάνων ὑπὲρ τῆς γυναικὸς τῆς αὑτοῦ τοῦ κλήρου τοῦ πατρῴου Φίλην ὄνομα εἶναι ἐπεγράψατο τῇ γυναικί, οἱ δὲ τοῦ Πύρρου θεῖοι ἐν τῇ δεκάτῃ φάσκοντες παραγενέσθαι τὸ τῆς τήθης ὄνομα Κλειταρέτην τὸν πατέρα ἐμαρτύρησαν θέσθαι αὐτῇ.
31. I am amazed that the man who had lived with her for more than eight years did not know the name of his own wife. Could he not have found it out before from his own witnesses? Did his wife's mother never in all that long period tell him her daughter's name? Did his uncle, Nicodemus himself, never do so?
31. θαυμάζω οὖν εἰ ὁ ἀνὴρ ὁ συνοικῶν πλείω ἢ ὀκτὼ ἔτη ἤδη μὴ ᾔδει τοὔνομα τῆς ἑαυτοῦ γυναικός. εἶτα οὐδὲ παρὰ τῶν αὑτοῦ μαρτύρων πρότερον ἐδυνήθη πυθέσθαι, οὐδʼ ἡ μήτηρ τῆς γυναικὸς τὸ τῆς θυγατρὸς ὄνομα τῆς αὑτῆς ἐν χρόνῳ τοσούτῳ ἔφρασεν αὐτῷ, οὐδʼ ὁ θεῖος αὐτός, Νικόδημος;
32. No, her husband, instead of giving her her grandmother's name—if it was really known that this name was given her by her father—inscribed her name as Phile, and this when he was claiming the paternal inheritance for her! What was his object? Did the husband wish to deprive his wife of any title to the name of her grandmother bestowed upon her by her father?
32. ἀλλʼ ἀντὶ τοῦ τῆς τήθης ὀνόματος, εἴ τις ᾔδει τοῦθʼ ὑπὸ τοῦ πατρὸς κείμενον ταύτῃ, Φίλην ὁ ἀνὴρ ὄνομα ἐπεγράψατο εἶναι αὐτῇ, καὶ ταῦτα λαγχάνων αὐτῇ τοῦ κλήρου τοῦ πατρῴου. τίνος ἕνεκα; ἢ ἵνα καὶ τοῦ τῆς τήθης ὀνόματος τοῦ ὑπὸ τοῦ πατρὸς τεθέντος ἄκληρον ὁ ἀνὴρ καταστήσειεν εἶναι τὴν αὑτοῦ γυναῖκα;
33. Is it not obvious, gentlemen, that the events which they deposed to have happened long ago were invented by them much later for the purpose of claiming the estate? For otherwise it would have been impossible that the uncles, who were summoned, according to their own account, to the tenth-day ceremony in honor of Pyrrhus's daughter, the defendant's niece, could ever have come into court with so accurate a recollection from that distant date, whenever it was, that her father at that ceremony named her Cleitarete, but that the nearer relatives, the father and the uncle and the mother should not know the name of the child whom they declare to be Pyrrhus's daughter.
33. ἆρά γε οὐχὶ δῆλον, ὦ ἄνδρες, ὅτι ἃ πάλαι οὗτοι μαρτυροῦσι γενέσθαι, πολλῷ ὕστερον τῆς λήξεως τοῦ κλήρου 〈ἕνεκα〉 σύγκειται αὐτοῖς; οὐ γὰρ ἄν ποτε οἱ μὲν εἰς τὴν δεκάτην (ὥς φασι) κληθέντες τῆς τοῦ Πύρρου θυγατρός, ἀδελφιδῆς τούτου, ἐξ ἐκείνης τῆς ἡμέρας, ἥτις ἦν ποτε, ἀκριβῶς εἰς τὸ δικαστήριον ἧκον μεμνημένοι ὅτι Κλειταρέτην ὁ πατὴρ ἐν τῇ δεκάτῃ ὠνόμηνεν, οἱ δʼ οἰκειότατοι τῶν ἁπάντων, ὁ πατὴρ καὶ ὁ θεῖος καὶ ἡ μήτηρ οὐκ ἂν ᾔδει τὸ ὄνομα τῆς θυγατρός, ὥς φασι, τῆς αὐτοῦ.
34. They would most certainly have known it, if the fact had been true. But I shall have occasion to return to these uncles later.
34. πολύ γε μάλιστʼ ἄν, εἰ ἦν ἀληθὲς τὸ πρᾶγμα. ἀλλὰ περὶ μὲν τούτων καὶ ὕστερον ἐγχωρήσει εἰπεῖν.
35. As for Nicodemus's evidence it is not difficult to decide from the actual text of the laws that he has obviously committed perjury. For seeing that, if a man gives with a woman a sum not duly assessed in a contract, and if the wife leaves her husband or the hushand puts away his wife, the man who gave the money cannot, as far as the law is concerned, demand back what he gave but did not assess in a contract—the defendant when he states that he gave his sister in marriage without any contract regarding a dowry, is obviously proved to be making an impudent assertion.
35. περὶ δὲ τῆς τούτου μαρτυρίας οὐ χαλεπὸν καὶ ἐξ αὐτῶν τῶν νόμων ἐστὶ γνῶναι ὅτι φαίνεται περιφανῶς τὰ ψευδῆ μεμαρτυρηκὼς οὗτος. ὅπου γάρ, ἐάν τίς τι ἀτίμητον δῷ, ἕνεκα τοῦ νόμου, ἐὰν ἀπολίπῃ ἡ γυνὴ τὸν ἄνδρα ἢ ἐὰν ὁ ἀνὴρ ἐκπέμψῃ τὴν γυναῖκα, οὐκ ἔξεστι πράξασθαι τῷ δόντι ὃ μὴ ἐν προικὶ τιμήσας ἔδωκεν, ἦ που ὅστις γέ φησιν ἄνευ ὁμολογίας προικὸς τὴν ἀδελφὴν ἐγγυῆσαι, περιφανῶς ἀναίσχυντος ὢν ἐλέγχεται.
36. For what was likely to be the good to him of the marriage, if the husband could dismiss the wife whenever he wished? And this he certainly could do, if he had made no stipulation that he should receive a dowry with her. Would Nicodemus have married his sister to our uncle on these terms, and this, though he knew all the time that in the past she had produced no offspring, and though the dowry, if it had been assessed in a contract, was coming to him, if anything happened to her before she bore any children?
36. τί γὰρ ἔμελλεν ὄφελος εἶναι αὐτῷ τῆς ἐγγύης, εἰ ἐπὶ τῷ ἐγγυησαμένῳ ἐκπέμψαι ὁπότε βούλοιτο τὴν γυναῖκα ἦν; ἦν δʼ ἂν ἐπʼ ἐκείνῳ, ὦ ἄνδρες, δῆλον ὅτι, εἰ μηδεμίαν προῖκα διωμολογήσατο ἕξειν ἐπʼ αὐτῇ. εἶτʼ ἐπὶ τούτοις ἂν Νικόδημος ἠγγύησε τῷ ἡμετέρῳ θείῳ τὴν ἀδελφήν; καὶ ταῦτα εἰδὼς τὸν ἅπαντα χρόνον ἄτοκον οὖσαν αὐτήν, καὶ τῆς ὁμολογηθείσης προικὸς ἐκ τῶν νόμων γιγνομένης εἰς αὐτόν, εἴ τι ἔπαθεν ἡ γυνὴ πρὶν γενέσθαι παῖδας αὐτῇ;
37. Does any one of you really think that Nicodemus is so disinterested in money matters that he would neglect any of these considerations? For my part, I do not think it possible. Further, would our uncle have thought of marrying the sister of a man, who, when he was accused of usurping the rights of citizenship by a member of the ward to which he claimed to belong, obtained those rights by a majority of only four votes? And to prove the truth of what I say, read the deposition.
37. ἆρʼ οὖν δοκεῖ τῳ ὑμῶν ὀλιγώρως οὕτως ἔχειν χρημάτων Νικόδημος, ὥστε παραλιπεῖν ἄν τι τῶν τοιούτων; ἐγὼ μὲν γὰρ οὐ νομίζω. εἶτα παρὰ τούτου ὁ ἡμέτερος θεῖος ἠξίωσεν ἂν ἐγγυήσασθαι τὴν ἀδελφήν, ὃς αὐτὸς ξενίας φεύγων ὑπὸ ἑνὸς τῶν φρατόρων ὧν φησιν αὑτοῦ εἶναι, παρὰ τέτταρας ψήφους μετέσχε τῆς πόλεως; καὶ ὡς ἀληθῆ λέγω, ἀναγίγνωσκε τὴν μαρτυρίαν.
38. Deposition The defendant then has given evidence that he gave his sister in marriage to our uncle without a dowry in spite of the fact that such a dowry was to come to him if anything happened to the woman before she had borne any children. Now take and read these laws to the judges.
38. Μαρτυρία οὗτος τοίνυν τῷ ἡμετέρῳ θείῳ ἄπροικον τὴν ἀδελφὴν τὴν ἑαυτοῦ μεμαρτύρηκεν ἐγγυῆσαι, καὶ ταῦτα τῆς προικὸς εἰς αὐτὸν γιγνομένης, εἴ τι ἔπαθεν ἡ γυνὴ πρὶν γενέσθαι παῖδας αὐτῇ. λαβὲ δὴ καὶ ἀνάγνωθι τοὺς νόμους τουσδὶ αὐτοῖς.
39. Laws Do you think that Nicodemus is so disinterested in money matters, that, if the fact which he alleges were true, he would not have provided for his own interests with scrupulous care? By heaven, I am sure he would have done so; for even those who give their womenkind to others as mistresses make stipulations in advance as to the benefits which such women are to enjoy. And was Nicodemus, when, according to his own account, he was going to give his sister in marriage, content with simply securing the requirements of a legal marriage —a man who shows himself only too anxious to be dishonest for a paltry sum which he hopes to receive for speaking in court?
39. Νόμοι δοκεῖ ἂν ὑμῖν οὕτως ὀλιγώρως ἔχειν χρημάτων Νικόδημος, ὥστε, εἰ ἦν ἀληθὲς τὸ πρᾶγμα, οὐκ ἂν σφόδρα διακριβώσασθαι περὶ τῶν ἑαυτῷ συμφερόντων; ναὶ μὰ Δία, ὡς ἔγωγʼ οἶμαι, ἐπεὶ καὶ οἱ ἐπὶ παλλακίᾳ διδόντες τὰς ἑαυτῶν πάντες πρότερον διομολογοῦνται περὶ τῶν δοθησομένων ταῖς παλλακαῖς· Νικόδημος δὲ ἐγγυᾶν μέλλων, 〈ὥς〉 φησι, τὴν ἀδελφὴν τὴν αὑτοῦ μόνον τὸ κατὰ τοὺς νόμους ἐγγυῆσαι διεπράξατο; ὃς ἐπʼ ὀλίγῳ ἀργυρίῳ, οὗ ἐπιθυμῶν λέγει πρὸς ὑμᾶς, σφόδρα βούλεται πονηρὸς εἶναι;
40. As for his dishonesty, most of you know all about it without any words from me, so that at any rate I have abundant witnesses when I say anything about him. But I should like in the first place to convict him in the following manner of the most impudent lying in this evidence of his. Come, tell me this, Nicodemus: If you had given your sister in marriage to Pyrrhus and if you knew that Pyrrhus was leaving a legitimate daughter by her, how is it that you allowed the inheritance to be adjudicated to our brother without the disposal of the legitimate daughter whom you say our uncle left behind him?
40. περὶ μὲν οὖν τῆς τούτου πονηρίας καὶ σιωπῶντος ἐμοῦ οἱ πολλοὶ γιγνώσκουσιν ὑμῶν, ὥστε οὐκ ἀπορῶ γε μαρτύρων, ὅταν τι λέγω περὶ αὐτοῦ· βούλομαι δὲ πρῶτον ἐκ τῶν τοιῶνδε ἐξελέγξαι τοῦτον ἀναισχυντότατον τῇ μαρτυρίᾳ ὄντα ταύτῃ. φέρε γάρ, ὦ Νικόδημε, εἰ ἦσθα ἠγγυηκὼς τῷ Πύρρῳ τὴν ἀδελφὴν καὶ εἰ ᾔδεις ἐξ αὐτῆς θυγατέρα γνησίαν καταλειπομένην, πῶς ἐπέτρεψας τῷ ἡμετέρῳ ἀδελφῷ ἐπιδικάσασθαι τοῦ κλήρου ἄνευ τῆς γνησίας θυγατρός, ἣν φῂς τῷ ἡμετέρῳ θείῳ καταλειφθῆναι;