§39οὗτος τοίνυν τὸ καθʼ αὑτὸν ὀκτὼ καὶ ἑκατὸν μνᾶς λαβεῖν ὁμολογῶν, ἔχει καὶ αὐτὰς καὶ τὸ ἔργον δέκʼ ἐτῶν, μάλιστα τρία τάλαντα καὶ χιλίας.
This man then, while confessing to have taken for his own part one hundred and eight minae, holds both this sum and the profit of ten years, amounting in all to about three talents and a thousand drachmae.
καὶ ταῦθʼ ὡς ἀληθῆ λέγω, καὶ ἐν τοῖς λόγοις τῆς ἐπιτροπῆς τὸ λῆμμʼ ἕκαστος τοῦθʼ ὁμολογῶν λαβεῖν ἅπαν ἀνηλωκέναι λογίζεται, λαβὲ τὰς μαρτυρίας καὶ ἀνάγνωθι. ΜΑΡΤΥΡΙΑΙ.
And to prove that I speak the truth, and that in the accounts of the guardianship each of them, while confessing to have received this intake, calculates to have spent it all, take the depositions and read them.
§40νομίζω τοίνυν, ὦ ἄνδρες δικασταί, περὶ τούτων ἱκανῶς μὲν ὑμᾶς μεμαθηκέναι, καὶ ὅσα κλέπτουσιν καὶ κακουργοῦσιν ἕκαστος αὐτῶν· ἔτι δʼ ἀκριβέστερον ἔγνωτʼ ἄν, εἴ μοι τὰς διαθήκας, ἃς ὁ πατὴρ κατέλιπεν, οὗτοι ἀποδοῦναι ἠθέλησαν.
Therefore, men of the jury, I think you have sufficiently learned about these things, and how much each of them steals and commits fraud; but you would have known even more accurately if they had wished to return the will which my father left.
ἐν γὰρ ἐκείναις ἐγέγραπτο, ὥς φησιν ἡ μήτηρ, ἃ κατέλιπεν ὁ πατὴρ πάντα, καὶ ἐξ ὧν ἔδει τούτους λαβεῖν τὰ δοθέντα, καὶ τὸν οἶκον ὅπως μισθώσουσι.
For in that, as my mother says, were written all the things my father left, and from what sources they were to receive their gifts, and how they should lease the estate.
§41νῦν δʼ ἀπαιτοῦντος ἐμοῦ καταλειφθῆναι μὲν ὁμολογοῦσιν, αὐτὰς δʼ οὐκ ἀποφαίνουσι.
But now, though I demand it, they confess indeed that a will was left, but they do not produce it.
ταῦτα δὲ ποιοῦσι τό τε πλῆθος οὐ βουλόμενοι καταφανὲς ποιῆσαι τῆς οὐσίας τὸ καταλειφθέν, ὃ διηρπάκασιν οὗτοι, τάς τε δωρεὰς ἵνα μὴ δοκῶσιν ἔχειν, ὥσπερ οὐκ ἐξ αὐτοῦ τοῦ πράγματος ἐξελεγχθησόμενοι ῥᾳδίως.
They do this because they do not wish to make manifest the quantity of the estate left, which they have plundered, and so that they may not seem to have the gifts, as if they were not to be easily convicted by the facts themselves.
λαβὲ δʼ αὐτοῖς τὰς μαρτυρίας ὧν ἐναντίον ἀπεκρίναντο, καὶ ἀνάγνωθι. ΜΑΡΤΥΡΙΑΙ.
Take for them the depositions of what they answered in opposition, and read them.
§42οὗτος διαθήκην μὲν γενέσθαι φησίν, καὶ τὰ δύο τάλαντα Δημοφῶντι καὶ τὰς ὀγδοήκοντα μνᾶς τούτῳ δοθῆναι μαρτυρεῖ· τὰς δʼ ἑβδομήκοντα μνᾶς, ἃς Θηριππίδης ἔλαβεν, οὐ προσγραφῆναί φησιν, οὐδὲ τὸ πλῆθος τῆς οὐσίας τὸ καταλειφθέν, οὐδὲ τὸν οἶκον ὅπως μισθώσουσιν· οὐ γὰρ αὐτῷ συμφέρει προσομολογῆσαι ταῦτα.
This man says indeed that a will was made, and testifies that the two talents were given to Demophon and the eighty minae to this man; but he says that the seventy minae which Therippides took were not written in addition, nor the quantity of the estate left, nor how they should lease the estate; for it is not to his advantage to agree to these things in addition.
λαβὲ δὴ τὴν τούτου ἀπόκρισιν. ΜΑΡΤΥΡΙΑ.
Take then his answer.
§43οὗτος αὖ τὴν μὲν διαθήκην γενέσθαι φησίν, καὶ τὸ ἀργύριον ἐκ τοῦ χαλκοῦ καὶ τῆς κηκῖδος ἀποδοθῆναι τῷ Θηριππίδῃ, ὃ ἐκεῖνος οὔ φησιν, καὶ τὰ δύο τάλαντα τῷ Δημοφῶντι· περὶ δὲ τῶν αὐτῷ δοθέντων γραφῆναι μέν φησιν, οὐχ ὁμολογῆσαι δʼ αὐτός, ἵνα μὴ δοκῇ λαβεῖν.
This man in turn says indeed that the will was made, and that the money from the copper and the gall was paid to Therippides—which the latter denies—and the two talents to Demophon; but concerning what was given to himself, he says indeed that it was written, but that he himself did not agree to it, so that he might not seem to have taken it.
τὸ δὲ πλῆθος τῆς οὐσίας οὐδʼ οὗτος ἀποφαίνει καθόλου, οὐδὲ τὸ μισθοῦν τὸν οἶκον· οὐδὲ γὰρ οὐδὲ τούτῳ συμφέρει προσομολογῆσαι ταῦτα.
And the quantity of the estate not even this man declares at all, nor the leasing of the house; for neither is it to his advantage to agree to these things.
§44δῆλον τοίνυν ἐστὶν οὐδὲν ἧττον τὸ πλῆθος τῶν καταλειφθέντων, καίπερ ἀφανιζόντων τούτων τὴν οὐσίαν ἐκ τῶν διαθηκῶν, ἐξ ὧν τοσαῦτα χρήματʼ ἀλλήλοις φασὶ δοθῆναι.
It is therefore no less clear, the quantity of the things left, although these men make the estate disappear from the will, from the fact that they say such great sums of money were given to one another.
ὅστις γὰρ ἐκ τεττάρων ταλάντων καὶ τρισχιλίων τοῖς μὲν τρία τάλαντα καὶ δισχιλίας προῖκα δέδωκεν, τῷ δʼ ἑβδομήκοντα μνᾶς καρποῦσθαι, φανερὸν δήπου πᾶσιν ὅτι οὐκ ἀπὸ μικρᾶς οὐσίας, ἀλλὰ πλέον ἢ διπλασίας ἧς ἐμοὶ κατέλειπεν ταῦτʼ ἀφεῖλεν.
For he who, from four talents and three thousand drachmae, gave to some three talents and two thousand drachmae as dowry, and to another seventy minae to enjoy the fruit of, it is surely manifest to all that he subtracted these not from a small estate, but from one more than double what he left to me.
§45οὐ γὰρ δήπου τὸν μὲν υἱὸν ἐμὲ πένητʼ ἐβούλετο καταλιπεῖν, τούτους δὲ πλουσίους ὄντας ἔτι πλουσιωτέρους ποιῆσαι ἐπεθύμησεν, ἀλλʼ ἕνεκα τοῦ πλήθους τῶν ἐμοὶ καταλειπομένων Θηριππίδῃ τε τοσοῦτον ἀργύριον καὶ Δημοφῶντι τὰ δύο τάλαντα, οὔπω μέλλοντι τῇ ἀδελφῇ τῇ ἐμῇ συνοικήσειν, καρποῦσθαι ἔδωκεν, ἵνα δυοῖν θάτερον διαπράξαιτο, ἢ διὰ τὰ διδόμενα βελτίους αὐτοὺς εἶναι τὰ περὶ τὴν ἐπιτροπὴν προτρέψειεν, ἢ εἰ κακοὶ γίγνοιντο, μηδεμιᾶς συγγνώμης παρʼ ὑμῶν τυγχάνοιεν, εἰ τοσούτων ἀξιωθέντες τοιαῦτʼ εἰς ἡμᾶς ἐξαμαρτάνοιεν.
For surely he did not wish to leave me, his son, poor, and desire to make them, who were already rich, still richer; but because of the large quantity of what was left to me, he gave to Therippides so much money, and to Demophon the two talents—who was not yet about to cohabit with my sister—to enjoy the fruit of, so that he might accomplish one of two things: either by the gifts he might encourage them to be better in regard to the guardianship, or, if they should turn out bad, they might find no excuse from you, since, having been deemed worthy of so much, they committed such wrongs against us.
§46οὗτος τοίνυν καὶ αὐτὸς πρὸς τῇ προικὶ καὶ θεραπαίνας λαβὼν καὶ τὴν οἰκίαν οἰκῶν, ἐπειδὴ δεῖ λόγον αὐτὸν δοῦναι τούτων, τὰ ἑαυτοῦ πράττειν φησίν· καὶ εἰς τοσοῦτον αἰσχροκερδίας ἦλθεν, ὥστε καὶ τοὺς διδασκάλους τοὺς μισθοὺς ἀπεστέρηκεν καὶ τῶν εἰσφορῶν ἔστιν ἃς οὐ κατέθηκεν, ἐμοὶ δὲ λογίζεται.
This man then, having himself also taken female slaves in addition to the dowry and dwelling in the house, when it is necessary for him to render an account of these, says that he is doing his own duties; and he has come to such a pitch of greed that he has even deprived the teachers of their pay, and some of the taxes he has not paid, but calculates them against me.
λαβὲ δὴ καὶ ταύτας αὐτοῖς τὰς μαρτυρίας καὶ ἀνάγνωθι. ΜΑΡΤΥΡΙΑΙ.
Take then also these depositions for them and read them.