§32καὶ οὐ μόνον ἐνταῦθα τοῦτʼ ἐποίησεν, ἀλλὰ καὶ κατεγνωσμένης ἤδη τῆς δίκης, ἀναβὰς ἐπὶ τὸ δικαστήριον ἐδεῖθʼ ἱκετεύων ὑπὲρ αὐτοῦ καὶ ἀντιβολῶν καὶ δάκρυσι κλάων ταλάντου τιμῆσαι, καὶ τούτου αὐτὸς ἐγίγνετʼ ἐγγυητής.
And not only did he do this on that occasion, but even when the verdict had already been given against Aphobus, he came up to the court and begged, entreating on his behalf and supplicating and weeping with tears, to assess the penalty at one talent, and he himself became the guarantor for this.
καὶ ταῦθʼ ὁμολογούμενα μέν ἐστιν πολλαχόθεν (οἵ τε γὰρ ἐν τῷ δικαστηρίῳ τότε δικάζοντες καὶ τῶν ἔξωθεν παρόντων πολλοὶ συνίσασιν), ὅμως δὲ καὶ μάρτυρας ὑμῖν παρέξομαι.
And while these things are acknowledged from many sides (for both those who were then judging in the court and many of the bystanders know of them), nevertheless I shall also present witnesses to you.
καί μοι λαβὲ ταύτην τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.
Please take this deposition for me.
§33ἔτι τοίνυν, ὦ ἄνδρες δικασταί, καὶ τεκμηρίῳ μεγάλῳ γνῶναι ῥᾴδιον, ὅτι τῇ ἀληθείᾳ συνῴκει καὶ οὐδέπω καὶ τήμερον ἀπολέλοιπεν.
Furthermore, men of the jury, it is easy to perceive from a great proof that in truth she was living with him and even down to this day has not divorced him.
αὕτη γὰρ ἡ γυνή, πρὶν μὲν ὡς Ἄφοβον ἐλθεῖν, μίαν ἡμέραν οὐκ ἐχήρευσεν, ἀλλὰ παρὰ ζῶντος Τιμοκράτους ἐκείνῳ συνῴκησεν, νῦν δʼ ἐν τρισὶν ἔτεσιν ἄλλῳ συνοικοῦσʼ οὐδενὶ φαίνεται.
For this woman, before coming to Aphobus, did not remain a widow for a single day, but went to live with him from Timocrates while the latter was still alive; yet now, during three years, she is not seen living with any other husband.
καίτοι τῷ πιστόν, ὡς τότε μέν, ἵνα μὴ χηρεύσειεν, παρʼ ἀνδρὸς ὡς ἄνδρʼ ἐβάδιζεν, νῦν δʼ, εἴπερ ὡς ἀληθῶς ἀπολέλοιπεν, τοσοῦτον ἂν χρόνον χηρεύουσʼ ἠνείχετʼ ἐξὸν ἄλλῳ συνοικεῖν, τοῦ τʼ ἀδελφοῦ κεκτημένου τοσαύτην οὐσίαν, αὐτή τε ταύτην ἔχουσα τὴν ἡλικίαν;
And yet, to whom is it credible that on the former occasion, so that she might not remain a widow, she went from one husband to another, but now, if indeed she has truly divorced, she would have endured remaining a widow for so long a time, when it was permitted to live with another man, especially when her brother possesses such great wealth and she herself is of this age?
§34οὐκ ἔχει ταῦτʼ ἀλήθειαν, ὦ ἄνδρες δικασταί, πιθανήν, ἀλλὰ λόγοι ταῦτʼ εἰσί, συνοικεῖ δʼ ἡ γυνὴ φανερῶς καὶ οὐκ ἐπικρύπτεται τὸ πρᾶγμα.
These claims have no plausible truth, men of the jury, but are mere words; the woman is openly living with him, and the matter is not concealed.
παρέξομαι δʼ ὑμῖν Πασιφῶντος μαρτυρίαν, ὃς ἀρρωστοῦσαν αὐτὴν θεραπεύων ἑώρα παρακαθήμενον Ἄφοβον ἐπὶ τούτου τοῦ ἄρχοντος, ἤδη τούτῳ ταυτησὶ τῆς δίκης εἰληγμένης.
I shall present to you the deposition of Pasiphon, who, while treating her when she was ill, saw Aphobus sitting by her side, during the archonship of the present archon, after this very lawsuit had already been filed against Aphobus.
καί μοι λαβὲ τὴν Πασιφῶντος μαρτυρίαν. ΜΑΡΤΥΡΙΑ.
Please take the deposition of Pasiphon.
§35ἐγὼ τοίνυν εἰδώς, ὦ ἄνδρες δικασταί, καὶ μετὰ τὴν δίκην τοῦτον εὐθὺς ἀποδεδεγμένον τὰ ἐκ τῆς οἰκίας τῆς Ἀφόβου χρήματα, καὶ κύριον τῶν τʼ ἐκείνου καὶ τῶν ἐμῶν ἁπάντων γεγενημένον, καὶ συνοικοῦσαν τὴν γυναῖκα σαφῶς ἐπιστάμενος, τρεῖς θεραπαίνας ἐξῄτησʼ αὐτόν, αἳ συνοικοῦσάν τε τὴν γυναῖκʼ ᾔδεσαν καὶ τὰ χρήμαθʼ ὅτι παρὰ τούτοις ἦν, ἵνα μὴ λόγοι μόνον, ἀλλὰ καὶ βάσανοι περὶ αὐτῶν γίγνοιντο.
I therefore, men of the jury, knowing that immediately after the trial this man had received the goods from the house of Aphobus, and had become master of Aphobus's property and of all of mine, and knowing clearly that the woman was living with him, demanded of him three maidservants, who knew both that the woman was living with him and that the goods were in their possession, so that there might be not only words but also examinations by torture concerning these matters.
§36οὗτος δʼ ἐμοῦ προκαλεσαμένου ταῦτα, καὶ πάντων τῶν παρόντων δίκαια λέγειν μʼ ἀποφηναμένων, οὐκ ἠθέλησεν εἰς τοῦτο τἀκριβὲς καταφυγεῖν, ἀλλʼ ὥσπερ ἑτέρων τινῶν ὄντων περὶ τῶν τοιούτων σαφεστέρων ἐλέγχων ἢ βασάνων καὶ μαρτυριῶν, οὔτε μάρτυρας παρεχόμενος τὴν προῖχʼ ὡς ἀπέδωκεν, οὔτʼ εἰς βάσανον ἐκδιδοὺς τὰς συνειδυίας περὶ τοῦ μὴ συνοικεῖν τὴν ἀδελφήν, ὅτι ταῦτʼ ἠξίουν, ὑβριστικῶς πάνυ καὶ προπηλακιστικῶς οὐκ εἴα μʼ αὑτῷ διαλέγεσθαι.
But when I challenged him to this, and all who were present declared that my proposal was just, he was unwilling to take refuge in this precise test. Instead, as if there were some other proofs clearer than tortures and testimonies concerning such matters, he neither presented witnesses to show that he had paid back the dowry, nor did he surrender for torture the women who had knowledge regarding his sister's not living with Aphobus. Because I made these demands, he, in an extremely insulting and abusive manner, would not allow me to speak with him.
τούτου γένοιτʼ ἄν τις σχετλιώτερος ἄνθρωπος, ἢ μᾶλλον ἑκὼν τὰ δίκαιʼ ἀγνοεῖν προσποιούμενος;
Could any man be more outrageous than this, or more willfully pretending to be ignorant of what is just?
λαβὲ δʼ αὐτὴν τὴν πρόκλησιν καὶ ἀνάγνωθι. ΠΡΟΚΛΗΣΙΣ.
Please take the challenge itself and read it.
§37ὑμεῖς τοίνυν καὶ ἰδίᾳ καὶ δημοσίᾳ βάσανον ἀκριβεστάτην πασῶν πίστεων νομίζετε, καὶ ὅπου ἂν δοῦλοι καὶ ἐλεύθεροι παραγένωνται, δέῃ δʼ εὑρεθῆναι τὸ ζητούμενον, οὐ χρῆσθε ταῖς τῶν ἐλευθέρων μαρτυρίαις, ἀλλὰ τοὺς δούλους βασανίζοντες, οὕτω ζητεῖτε τὴν ἀλήθειαν εὑρεῖν.
Now, both in private and in public life, you consider torture to be the most accurate of all forms of proof; and wherever both slaves and free men are present, and it is necessary to find what is sought, you do not use the testimonies of free men, but by torturing slaves you seek in this way to find the truth.
εἰκότως, ὦ ἄνδρες δικασταί· τῶν μὲν γὰρ μαρτυρησάντων ἤδη τινὲς οὐ τἀληθῆ μαρτυρῆσαι ἔδοξαν· τῶν δὲ βασανισθέντων οὐδένες πώποτʼ ἐξηλέγχθησαν, ὡς οὐκ ἀληθῆ τὰ ἐκ τῆς βασάνου εἶπον.
And with good reason, men of the jury; for of those who have given testimony, some have already been judged not to have testified the truth; but of those who have been tortured, no one has ever been proved to have said what was untrue under torture.
§38οὗτος δὲ τηλικαῦτα δίκαια φυγὼν καὶ σαφεῖς οὕτω καὶ μεγάλους ἐλέγχους παραλιπών, Ἄφοβον παρεχόμενος μάρτυρα καὶ Τιμοκράτην, τὸν μὲν ὡς ἀπέδωκε τὴν προῖκα, τὸν δʼ ὡς ἀπείληφεν, ἀξιώσει πιστεύεσθαι παρʼ ὑμῖν, ἀμάρτυρον τὴν πρὸς τούτους πρᾶξιν γεγενῆσθαι προσποιούμενος·
But this man, though he fled from such great rights and passed over such clear and powerful tests, by presenting Aphobus and Timocrates as witnesses—the one that he paid back the dowry, and the other that he received it—will demand to be believed by you, pretending that the transaction with them was done without witnesses.
τοσαύτην ὑμῶν εὐήθειαν κατέγνωκεν.
So great is the simplicity he has charged you with!
§39ὅτι μὲν τοίνυν οὔτʼ ἀληθῆ οὔτʼ ἀληθείᾳ ἐοικότα λέξουσιν, καὶ ἐκ τοῦ ἐξ ἀρχῆς αὐτοὺς ὁμολογεῖν τὴν προῖκα μὴ δοῦναι, καὶ ἐκ τοῦ πάλιν ἄνευ μαρτύρων ἀποδεδωκέναι φάσκειν, καὶ ἐκ τοῦ τὸν χρόνον μὴ ἐγχωρεῖν ἀμφισβητουμένης ἤδη τῆς οὐσίας ἀποδοῦναι τἀργύριον, καὶ ἐκ τῶν ἄλλων ἁπάντων ἱκανῶς ἀποδεδεῖχθαι νομίζω.
Now, that they will say things that are neither true nor like the truth, I think has been sufficiently demonstrated both from their admitting at the beginning that they did not give the dowry, and again from their claiming to have paid it back without witnesses, and from the fact that the time did not allow for paying back the money when the property was already being disputed, and from all the other circumstances.