§15ἔτι τοίνυν, ὦ ἄνδρες δικασταί, ταύτην τὴν μαρτυρίαν ἐμαρτύρησεν ἁδελφὸς ὁ τούτου πρῶτος Αἴσιος, ὃς νῦν μὲν ἔξαρνός ἐστιν τούτῳ συναγωνιζόμενος, τότε δʼ ἐμαρτύρησεν ταῦτα μετὰ τῶν ἄλλων, οὔτʼ ἐπιορκεῖν οὔτʼ εὐθὺς παραχρῆμα δίκην ὀφλισκάνειν βουλόμενος.
Furthermore, men of the jury, this testimony was first testified by his own brother, Aesius, who is now denying it as he fights alongside him, but at that time testified these things along with the others, wishing neither to commit perjury nor to lose a lawsuit immediately on the spot.
ὃν οὐκ ἂν δήπου, ψευδῆ μαρτυρίαν εἰ παρεσκευαζόμην, ἐνέγραψʼ ἂν εἰς τοὺς μάρτυρας, ὁρῶν μὲν Ἀφόβῳ χρώμενον μάλιστʼ ἀνθρώπων ἁπάντων, εἰδὼς δὲ συνεροῦντʼ αὐτῷ τὴν δίκην, ἔτι δʼ ἐμαυτοῦ ὄντʼ ἀντίδικον· οὐ γὰρ ἔχει λόγον τὸν ἑαυτοῦ διάφορον καὶ τούτου ἀδελφὸν μὴ ἀληθινῆς μαρτυρίας ἐγγράψαι μάρτυρα.
If I had been preparing false testimony, I surely would never have inscribed him among the witnesses, seeing that he associated with Aphobus most of all men, knowing that he would speak on his behalf in the lawsuit, and knowing also that he was my own opponent; for it stands to reason that one would not register as a witness to an untrue testimony someone who is his own adversary and the brother of his opponent.
§16τούτων τοίνυν εἰσὶ μὲν πολλοὶ μάρτυρες, ἔτι δʼ οὐκ ἐλάττω τεκμήρια τῶν μαρτύρων.
Now, of these things there are many witnesses, and also proofs no less significant than the witnesses.
πρῶτον μὲν γάρ, εἴπερ ὡς ἀληθῶς ταῦτα μὴ ἐμαρτύρησεν, οὐκ ἂν νῦν ἔξαρνος ἦν, ἀλλὰ τότʼ εὐθὺς ἐπὶ τοῦ δικαστηρίου τῆς μαρτυρίας ἀναγιγνωσκομένης, ἡνίκα μᾶλλον ἂν αὐτὸν ἢ νῦν ὠφέλει.
For first, if he had truly not testified these things, he would not now be denying them, but would have done so then immediately at the court when the testimony was being read, at which time it would have benefited him more than now.
δεύτερον δʼ οὐκ ἂν ἡσυχίαν ἦγεν, ἀλλὰ δίκην ἄν μοι βλάβης ἔλαχεν, εἰ ψευδομαρτυρίων ὑπόδικον αὐτὸν ἐποίουν κατὰ τἀδελφοῦ οὐ προσῆκον, ἐν ᾗ καὶ περὶ χρημάτων καὶ περὶ ἀτιμίας ἄνθρωποι κινδυνεύουσιν.
Secondly, he would not have remained quiet, but would have brought a suit for damages against me, if I had made him liable to prosecution for false testimony against his own brother when he had no concern in it—a trial in which men run risks regarding both their property and their franchise.
§17ἔτι δὲ τὸ πρᾶγμʼ ἂν ἐξελέγξαι ζητῶν, ἐξῄτησεν ἄν με τὸν παῖδα τὸν γράφοντα τὰς μαρτυρίας, ἵνʼ εἰ μὴ παρεδίδουν, μηδὲν δίκαιον λέγειν ἐδόκουν.
Furthermore, seeking to refute the matter, he would have demanded of me the slave who wrote down the testimonies, so that if I did not deliver him, he might seem to have justice on his side.
νῦν δὲ τοσούτου ποιῆσαί τι τούτων ἐδέησεν, ὥστʼ οὐδʼ ἐμοῦ παραδιδόντος, ἐπειδὴ ταῦτʼ ἔξαρνος ἐγένεθʼ οὗτος, παραλαβεῖν ἠθέλησεν, ἀλλʼ ὁμοίως φαίνονται καὶ περὶ τούτων φεύγοντες τὰς βασάνους.
But in fact, he was so far from doing any of these things that, even when I offered him, after this man had denied these things, he refused to receive him; instead, they are clearly fleeing from the tortures concerning these matters as well.
§18καὶ ταῦθʼ ὡς ἀληθῆ λέγω, καὶ ἔν τε τοῖς μάρτυσιν μεμαρτυρηκὼς οὐκ ἠρνήθη ταῦτʼ ἐπὶ τοῦ δικαστηρίου τούτῳ παρεστηκὼς τῆς μαρτυρίας ἀναγιγνωσκομένης, ἐμοῦ τʼ ἐκδιδόντος τὸν παῖδα περὶ ἁπάντων τούτων βασανίζειν αὐτοῖς οὐκ ἠθέλησε παραλαβεῖν, καθʼ ἕκαστον ὑμῖν παρέξομαι τοὺς μάρτυρας.
And to prove that I speak the truth in this, and that he, having testified among the witnesses, did not deny it at the court while standing beside this man when the testimony was being read, and that when I offered the slave to be tortured concerning all these matters, he refused to receive him, I will provide the witnesses for you on each point.
καί μοι κάλει δεῦρʼ αὐτούς.
Call them here for me, please.
ΜΑΡΤΥΡΕΣ.
WITNESSES.
§19ὃ τοίνυν, ὦ ἄνδρες δικασταί, πάντων τῶν εἰρημένων οἶμαι μέγιστον ὑμῖν ἐρεῖν σημεῖον τοῦ ταῦτʼ ἀποκρίνασθαι τοῦτον, βούλομαι διελθεῖν.
Now, men of the jury, I wish to go through what I believe to be the greatest proof of all those mentioned that this man made this answer.
ἐπειδὴ γὰρ ἐξῄτει με τὸν ἄνθρωπον ταῦθʼ ὡμολογηκὼς ἃ μεμαρτύρηται, βουλόμενος καὶ τότʼ αὐτὸν ἐξελέγξαι τεχνάζοντα τί ποιῶ;
For when he, having admitted those things which have been testified, demanded the man from me, wishing even then to expose him as playing a trick, what did I do?
§20προσκαλοῦμαι κατὰ Δήμωνος εἰς μαρτυρίαν, ὄντος αὐτῷ θείου καὶ κοινωνοῦ τῶν ἀδικημάτων, καὶ συγγράψας ταῦτʼ ἐκέλευον μαρτυρεῖν, ἃ νῦν διώκει τῶν ψευδομαρτυρίων.
I summoned Demon to give testimony, who is his uncle and a partner in his misdeeds, and having written these things down, I required him to testify to the very things for which he is now prosecuting as false testimonies.
οὗτος δὲ τὸ μὲν πρῶτον ἀπηναισχύντει, τοῦ δὲ διαιτητοῦ κελεύοντος μαρτυρεῖν ἢ ἐξομνύειν ἐμαρτύρησεν πάνυ μόγις.
At first, he shamelessly refused, but when the arbitrator ordered him either to testify or to take an oath of disclaimer, he testified with great reluctance.
καίτοι εἴ γʼ ἦν δοῦλος ἅνθρωπος καὶ μὴ προωμολόγητο πρὸς τοῦδʼ ἐλεύθερος εἶναι, τί μαθὼν ἐμαρτύρησεν, ἀλλʼ οὐκ ἐξομόσας ἀπηλλάγη τοῦ πράγματος;
And yet, if the man was a slave and had not been previously admitted by this man to be free, what possessed him to testify, instead of taking the oath of disclaimer and freeing himself from the business?
§21ἀλλὰ μὴν καὶ περὶ τούτων ἤθελον παραδοῦναι τὸν παῖδα τὸν γράφοντα τὴν μαρτυρίαν, ὃς τά τε γράμματʼ ἔμελλεν γνώσεσθαι τὰ ἑαυτοῦ καὶ τοῦτον ἐμνημόνευεν ἀκριβῶς μαρτυρήσαντα ταῦτα.
Moreover, concerning these things too, I wished to deliver up the slave who wrote down the testimony, who was bound to recognize his own handwriting and remembered accurately that this man had testified these things.
καὶ ταῦτʼ ἤθελον οὐχὶ μαρτύρων ἀπορῶν οἳ παρῆσαν (ἦσαν γάρ), ἀλλʼ ἵνα μὴ τούτους αἰτιῷτο τὰ ψευδῆ μαρτυρεῖν, ἀλλὰ τὸ πιστὸν ἐκ τῆς βασάνου τούτοις ὑπάρχοι.
And I wished to do this, not because I was in want of witnesses who were present (for they were indeed present), but so that he might not accuse them of testifying falsely, but that the credibility from the torture might support them.
καίτοι πῶς ἄξιόν ἐστι καταγνῶναι τῶν μαρτύρων διὰ τοῦτο, οἳ μόνοι τῶν πώποτʼ ἠγωνισμένων δίκην ἐν ὑμῖν τὸν διώκοντʼ αὐτὸν αὑτοῖς μάρτυρα τούτων ἐπιδεικνύουσιν γεγενημένον;
And yet, how is it just to convict the witnesses on this account, who alone of all who have ever contested a lawsuit before you show the prosecutor himself to have become a witness for them on these matters?
ἀλλὰ μὴν ὡς ἀληθῆ λέγω, λαβὲ τὴν πρόκλησιν καὶ τὴν μαρτυρίαν.
But indeed, to prove that I speak the truth, take the challenge and the testimony.
ΠΡΟΚΛΗΣΙΣ. ΜΑΡΤΥΡΙΑ.
CHALLENGE. TESTIMONY.
§22τηλικαῦτα τοίνυν δίκαια φυγὼν οὗτος, καὶ ἐκ τοσούτων τεκμηρίων ἐπιδεικνύμενος ὅτι συκοφαντεῖ, τοῖς μὲν αὑτοῦ μάρτυσιν ἀξιοῖ πιστεύειν ὑμᾶς, τοὺς δʼ ἐμοὺς διαβάλλει καί φησιν οὐ τἀληθῆ μαρτυρεῖν.
Since, then, this man has fled from such important justifications, and is shown by so many proofs to be bringing a vexatious suit, he demands that you believe his own witnesses, while he slanders mine and says they do not testify the truth.
βούλομαι δὴ καὶ ἐκ τῶν εἰκότων περὶ αὐτῶν εἰπεῖν.
I wish, therefore, to speak about them from the probabilities as well.
οἶδʼ οὖν ὅτι πάντες ἂν ὁμολογήσαιτε τοὺς τὰ ψευδῆ μαρτυροῦντας ἢ κέρδεσιν διʼ ἀπορίαν ἐπαιρομένους ἢ διʼ ἑταιρίαν ἢ καὶ διʼ ἔχθραν τῶν ἀντιδίκων ἐθέλειν ἄν τι τοιοῦτον ποιῆσαι.
I know, then, that you would all agree that those who testify falsely are willing to do such a thing either induced by gains because of poverty, or because of association, or even because of enmity towards the opponents.