§24τὰ μὲν οὖν γεγενημένα, ὡς ἀκριβέστατα οἶός τʼ ἦν, ἅπανθʼ ὑμῖν εἴρηκα.
So then, I have told you everything that happened, as accurately as I was able.
ἡγοῦμαι δὲ Πασίωνʼ, ὦ ἄνδρες δικασταί, ἐκ τοῦ διεφθαρμένου γραμματείου τὴν ἀπολογίαν ποιήσεσθαι καὶ τοὺτοις ἰσχυριεῖσθαι μάλιστα.
And I believe, gentlemen of the jury, that Pasion will make his defense based on the tampered document, and will rely on this most of all.
ὑμεῖς οὖν μοι τὸν νοῦν προσέχετε· οἶμαι γὰρ ἐξ αὐτῶν τούτων φανερὰν ὑμῖν ποιήσειν τὴν τούτου πονηρίαν.
Therefore, pay attention to me; for I think that from these very facts I shall make his wickedness clear to you.
§25πρῶτον δʼ ἐκ τούτου σκοπεῖσθε.
First, consider from this.
ὅτε γὰρ ἐδίδομεν τῷ ξένῳ τὴν συνθήκην, καθʼ ἣν οὗτος μὲν ἀφεῖσθαί φησι τῶν ἐγκλημάτων, ἐγὼ δʼ ὡς ἔδει με παρὰ τοὺτου κομίσασθαι τὸ χρυσίον, ἐκελεύομεν τὸν ξένον, ἐὰν μὲν διαλλαγῶμεν πρὸς ἡμᾶς αὐτούς, κατακαῦσαι τὸ γραμματεῖον, εἰ δὲ μή, Σατύρῳ ἀποδοῦναι· καὶ ταῦτα ῥηθῆναι ὑπʼ ἀμφοτέρων ἡμῶν ὁμολογεῖται.
For when we gave the agreement to the host—according to which he says he has been released from the charges, while I say I was to recover the gold from him—we instructed the host to burn the document if we reconciled with each other, but if not, to hand it over to Satyrus; and it is agreed by both of us that these things were said.
§26καίτοι τί μαθόντες, ὦ ἄνδρες δικασταί, προσετάττομεν ἀποδοῦναι Σατύρω τὸ γραμματεῖον, ἂν μὴ διαλλαγῶμεν, εἴπερ ἀπηλλαγμένος ἤδη Πασίων ἦν ἐγκλημάτων καὶ τέλος εἶχεν ἡμῖν τὸ πρᾶγμα;
And yet, what was our idea, gentlemen of the jury, in instructing him to hand the document over to Satyrus if we did not reconcile, if indeed Pasion was already released from the charges and our business had come to an end?
ἀλλὰ δῆλον ὅτι ταύτας τὰς συνθήκας ἐποιησάμεθʼ ὡς ὑπολοίπων ὄντων ἡμῖν ἔτι πραγμάτων, περί ὦν ἔδει τοῦτον πρὸς ἐμὲ κατὰ τὸ γραμματεῖον διαλύσασθαι.
But it is clear that we made this agreement on the understanding that we still had unresolved matters, concerning which he had to settle with me in accordance with the document.
§27ἔπειτʼ ἐγὼ μέν, ὦ ἄνδρες δικασταί ἔχω τὰς αἰτίας εἰπεῖν διʼ ἃς οὗτος ὡμολόγησεν ἀποδώσειν τὸ χρυσίον· ἐπεὶ γὰρ ἡμεῖς τε τῶν πρὸς Σάτυρον διαβολῶν ἀπηλλάγημεν καὶ τὸν Κιττον οὐχ οἶός τʼ ἐγένετʼ ἀφανίσαι, τὸν συνειδότα περὶ τῆς παρακαταθήκης, ἡγησάμενος, εἰ μὲν ἐκδοίη τὸν παῖδα βασανίσαι, §28φανερός γενήσεσθαι πανουργῶν, εἰ δὲ μὴ ποιήσειε ταῦτʼ, ὀφλήσειν τὴν δίκην, ἐβουλήθη πρὸς ἐμὲ ἀπαλλαγὴν ποιήσασθαι.
Next, I for my part, gentlemen of the jury, can state the reasons why he agreed to return the gold; for when we were cleared of the slanders before Satyrus, and he was unable to make Kittus—who was aware of the deposit—disappear, thinking that if he should hand over the slave to be tortured, he would be exposed as acting wickedly, but if he should not do this, he would lose the lawsuit, and so he wished to make a settlement with me.
τοῦτον δὲ κελεύσατʼ ἀποδεῖξαι, τι κερδαίνων ἤ τίνα κίνδυνον φοβηθεὶς ἀφῆκʼ αὐτὸν τῶν ἐγκλημάτων;
But demand that he show what gain I stood to make, or what danger I feared, that I should have released him from the charges.
ἐάν δὲ μηδὲν ἔχῃ τούτων ὑμῖν ἀποφαίνειν, πῶς οὐκ ἄν δικαίως ἐμοὶ μᾶλλον ἢ τούτῳ περὶ τοῦ γραμματείου πιστεύοιτε;
And if he has nothing of this sort to show you, how would you not justly believe me rather than him concerning the document?
§29καὶ μὲν δή, ὦ ἄνδρες δικασταί, καὶ τόδε ῥᾴδιον πᾶσι γνῶναι, ὅτι ἐμοὶ μέν, ὃς ἐνεκάλουν, εἰ τοὺς ἐλέγχους ἐφοβούμην, ἐξῆν καὶ μηδεμίαν συνθήκην ποιησάμενον χαίρειν ἐᾶν τὸ πρᾶγμα· τούτῳ δὲ διά τε τὴν βάσανον καὶ τοὺς ἀγῶνας τοὺς ἐν ὑμῖν οὐχ οἶόν τʼ ἦν ὁπότε βούλοιτʼ ἀπηλλάχθαι τῶν κινδύνων, εἰ μὴ πείσειεν ἐμὲ τὸν ἐγκαλοῦντα.
Moreover, gentlemen of the jury, this too is easy for everyone to understand, namely, that for me, who was bringing the charge, if I was afraid of the tests, it was possible to let the matter drop without making any agreement; whereas for him, on account of both the torture and the trials before you, it was not possible to escape the dangers whenever he wished, unless he persuaded me, the accuser.
ὥστʼ οὐκ ἐμὲ περὶ τῆς ἀφέσεως ἀλλὰ τοῦτον περὶ τῆς ἀποδόσεως τῶν χρημάτων ἔδει τὰς συνθήκας ποιεῖσθαι.
So it was not I who needed to make the agreement for the release, but he who needed to make it for the return of the money.
ἔτι δὲ κἀκεῖνʼ ὑπερφυές, §30εἰ πρὶν μὲν συγγράψασθαι τὸ γραμματεῖον οὕτω σφόδρʼ ἠπίστησα τοῖς πράγμασιν ὥστε μὴ μόνον ἀφεῖναι Πασίωνα τῶν ἐγκλημάτων ἀλλὰ καὶ συνθήκας περὶ αὐτῶν ποιήσασθαι ἐπειδὴ δὲ τοιοῦτον ἔλεγχον κατʼ ἐμαυτοῦ συνεγραψάμην, τηνικαῦτʼ ἐπεθύμησʼ εἰς ὑμᾶς εἰσελθεῖν.
Furthermore, that too is extraordinary, if, before the document was drawn up, I had so little confidence in my case that I not only released Pasion from the charges but also made an agreement about them, but after I had drawn up such a proof against myself, at that very moment I desired to come before you.
καίτοι τίς ἄν οὕτω περί τῶν αὑτοῦ πραγμάτων βουλεύσαιτο;
And yet, who would plan so about his own affairs?
§31ὃ δὲ πάντων μέγιστον τεκμήριον ὡς οὐκ ἀφειμὲνος ἦν Πασίων ἐν ταῖς συνθήκαις ἀλλʼ ὡμολογηκὼς ἀποδώσειν τὸ χρυσίον· ὅτε γὰρ Μενέξενος ἔλαχεν αὑτῷ τὴν δίκην, οὔπω διεφθαρμένου τοῦ γραμματείου, προσπέμπων Ἀγύρριον, ὄντʼ ἀμφοτέροις ἡμῖν ἐπιτήδειον, ἠξίου μʼ ἤ Μενέξενον ἀπαλλάττειν ἢ τὰς συνθήκας τὰς γεγενημένας πρὸς αὑτὸν ἀναιρεῖν.
And this is the greatest proof of all that Pasion had not been released in the agreement, but had agreed to return the gold: for when Menexenus brought the suit against him, the document not yet having been tampered with, he sent Agyrrhius, who was a friend to both of us, and demanded that I either reconcile Menexenus or cancel the agreement made with him.
§32καίτοι, ὦ ἄνδρες δικασταί, οἴεσθʼ ἂν αὐτὸν ἐπιθυμεῖν ἀναιρεθῆναι ταύτας τὰς συνθήκας, ἐξ ὧν ψευδομένους ἡμᾶς ἔμελλεν ἐξελέγξειν;
And yet, gentlemen of the jury, do you think he would desire this agreement to be cancelled, from which he was going to expose us as liars?
οὔκουν ἐπειδή γε μετεγράφησαν, τούτους ἔλεγε τοὺς λόγους, ἀλλὰ περὶ ἁπάντων εἰς ἐκείνας κατέφευγε καὶ ἀνοίγειν ἐκέλευε τὸ γραμματεῖον.
Certainly, after they were rewritten, he no longer made these statements, but in everything fled for refuge to them and demanded that the document be opened.
ὡς οὖν τὸ πρῶτον ἀναιρεῖν ἐζήτει τὰς συνθήκας, αὐτὸν Ἀγύρριον μαρτυροῦντα παρέξομαι.
To prove, therefore, that he at first sought to cancel the agreement, I shall present Agyrrhius himself as a witness.
καί μοι ἀνάβηθι. ""
Please step up.