§9καὶ τὰ μὲν γενόμενα, καὶ διʼ ἃ φεύγει τὴν δίκην καὶ περὶ ὧν οἴσετε τὴν ψῆφον, ταῦτʼ ἐστίν, ὦ ἄνδρες δικασταί·
These, men of the jury, are the facts, the reasons why he is defending this suit, and the matters on which you are to cast your vote.
παρέξομαι δὲ μάρτυρας πρῶτον μὲν αὐτὸν Τιμοκράτην, ὡς ὡμολόγησεν ὀφειλήσειν τὴν προῖκα καὶ τὸν τόκον ἀπεδίδου τῆς προικὸς Ἀφόβῳ κατὰ τὰς ὁμολογίας, ἔπειθʼ ὡς αὐτὸς Ἄφοβος ὡμολόγει κομίζεσθαι τὸν τόκον παρὰ Τιμοκράτους.
I shall present as witnesses first Timocrates himself, to show that he agreed to owe the dowry and paid the interest on the dowry to Aphobus in accordance with the agreements, and next Aphobus himself, to show that he acknowledged receiving the interest from Timocrates.
καί μοι λαβὲ τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ. §10ἐξ ἀρχῆς μὲν τοίνυν ὁμολογεῖται μὴ δοθῆναι τὴν προῖκα μηδὲ γενέσθαι κύριον αὐτῆς Ἄφοβον.
Please take the depositions for me.\n\n[DEPOSITIONS]\n\n Now, it is admitted from the very beginning that the dowry was not paid, and that Aphobus did not become the owner of it.
δῆλον δὲ καὶ ἐκ τῶν εἰκότων ὅτι τούτων ἕνεχʼ ὧν εἴρηκα ὀφείλειν εἵλοντο μᾶλλον ἢ καταμεῖξαι τὴν προῖκʼ εἰς τὴν οὐσίαν τὴν Ἀφόβου τὴν οὕτω κινδυνευθήσεσθαι μέλλουσαν.
It is also clear from the probabilities that for these reasons which I have mentioned, they chose to owe it rather than to mix the dowry with the estate of Aphobus, which was destined to run such a risk.
οὔτε γὰρ διʼ ἀπορίαν οἷόν τʼ εἰπεῖν ὡς οὐκ εὐθὺς ἀπέδοσαν (Τιμοκράτει τε γάρ ἐστιν οὐσία πλέον ἢ δέκα ταλάντων, Ὀνήτορί τε πλέον ἢ τριάκοντα, ὥστʼ οὐκ ἂν διὰ τοῦτό γʼ εἶεν οὐκ εὐθὺς δεδωκότες) οὔτε κτήματα μὲν ἦν αὐτοῖς, §11ἀργύριον δʼ οὐκ ἔτυχεν παρόν, ἡ γυνὴ δʼ ἐχήρευεν, διὸ πρᾶξαι ταῦτʼ ἠπείχθησαν οὐχ ἅμα τὴν προῖκα διδόντες·
For it is not possible to say that they did not pay it immediately because of lack of means (for Timocrates has an estate of more than ten talents, and Onetor of more than thirty, so they would not, at least on this account, have failed to pay immediately); nor was it because they had real estate indeed, but silver did not happen to be at hand, and the woman was a widow, which made them hasten to arrange these things without giving the dowry at the same time.
ἀργύριόν τε γὰρ οὗτοι δανείζουσιν ἄλλοις οὐκ ὀλίγον, συνοικοῦσάν τε ταύτην, ἀλλʼ οὐ χηρεύουσαν παρὰ Τιμοκράτους ἐξέδοσαν, ὥστʼ οὐδʼ ἂν ταύτην τὴν σκῆψιν εἰκότως αὐτῶν τις ἀποδέξαιτο.
For these men lend no small amount of silver to others, and they gave this woman in marriage when she was living with Timocrates, and not when she was a widow, so that no one would reasonably accept this excuse of theirs either.
§12καὶ μὲν δή, ὦ ἄνδρες δικασταί, κἀκεῖνʼ ἂν πάντες ὁμολογήσαιτε, ὅτι τοιοῦτον πρᾶγμα συναλλάττων ὁστισοῦν ἕλοιτʼ ἂν ἑτέρῳ μᾶλλον ὀφείλειν ἢ κηδεστῇ τὴν προῖκα μὴ ἀποδοῦναι.
And indeed, men of the jury, you would all agree on this as well: that anyone entering into such a transaction would choose to owe another person rather than not to pay the dowry to his brother-in-law.
μὴ διαλυσάμενος μὲν γὰρ γίγνεται χρήστης ἄδηλος εἴτʼ ἀποδώσει δικαίως εἴτε μή, μετὰ δὲ τῆς γυναικὸς τἀκείνης ἀποδοὺς οἰκεῖος καὶ κηδεστής·
For if he does not settle the debt, he becomes an uncertain debtor, as to whether he will pay justly or not; but if he pays it along with the woman, he becomes a relative and a brother-in-law.
§13ἐν οὐδεμιᾷ γάρ ἐστιν ὑποψίᾳ τὰ δίκαια πάντα ποιήσας.
For he is under no suspicion when he has done everything that is right.
ὥσθʼ οὕτως τοῦ πράγματος ἔχοντος, καὶ τούτων οὐδὲ καθʼ ἓν ὧν εἶπον ὀφείλειν ἀναγκασθέντων, οὐδὲ βουληθέντων ἄν, οὐκ ἔστʼ εἰπεῖν ἄλλην πρόφασιν διʼ ἣν οὐκ ἀπέδοσαν, ἀλλʼ ἀνάγκη ταύτην εἶναι τὴν αἰτίαν, διʼ ἣν δοῦναι τὴν προῖκʼ οὐκ ἐπίστευσαν.
Therefore, since this is the state of the case, and since they were not forced to owe by any single one of the things I have mentioned, nor would they have wished to, it is not possible to state any other excuse for their not paying, but it is necessary that this was the cause: they did not trust him enough to hand over the dowry.
§14ἐγὼ τοίνυν ὁμολογουμένως οὕτω ταῦτʼ ἐξελέγχων, ὡς οὐδʼ ὕστερον ἀπέδοσαν, οἶμαι ῥᾳδίως ἐπιδείξειν ἐξ αὐτῶν τῶν πεπραγμένων, ὥσθʼ ὑμῖν γενέσθαι φανερόν, ὅτι κἂν εἰ μὴ ἐπὶ τούτοις, ἀλλʼ ἐπὶ τῷ διὰ ταχέων ἀποδοῦναι τἀργύριον εἶχον, οὐκ ἄν ποτʼ ἀπέδοσαν οὐδʼ ἂν προεῖντο· τοιαύτας ἀνάγκας εἶχεν αὐτοῖς τὸ πρᾶγμα.
Now, as I thus demonstrably prove that they did not pay it later either, I think I shall easily show from the very actions performed, so that it becomes clear to you, that even if they had held the money not on these terms, but on the condition of paying it quickly, they would never have paid it nor let it go; such was the necessity that the transaction imposed upon them.
§15δύο μὲν γάρ ἐστιν ἔτη τὰ μεταξὺ τοῦ συνοικῆσαί τε τὴν γυναῖκα καὶ φῆσαι τούτους πεποιῆσθαι τὴν ἀπόλειψιν·
For there are two years between the time the woman began to live with him and the time they say they made the divorce.
ἐγήματο μὲν γὰρ ἐπὶ Πολυζήλου ἄρχοντος σκιροφοριῶνος μηνός, ἡ δʼ ἀπόλειψις ἐγράφη ποσιδεῶνος μηνὸς ἐπὶ Τιμοκράτους· ἐγὼ δʼ εὐθέως μετὰ τοὺς γάμους δοκιμασθεὶς ἐνεκάλουν καὶ λόγον ἀπῄτουν, καὶ πάντων ἀποστερούμενος τὰς δίκας ἐλάγχανον ἐπὶ τοῦ αὐτοῦ ἄρχοντος.
For she was married in the month of Scirophorion when Polyzelus was archon, and the divorce was registered in the month of Poseideon when Timocrates was archon; and immediately after the wedding, having passed my examination, I brought accusations and demanded an account, and, being deprived of everything, I brought my lawsuits during the term of the same archon.
§16ὁ δὴ χρόνος οὗτος ὀφειλῆσαι μὲν ἐνδέχεται κατὰ τὰς ὁμολογίας, ἀποδοῦναι δʼ οὐκ ἔχει πίστιν.
Now, this period of time may indeed allow for owing according to the agreements, but it carries no credibility for having paid.
ὃς γὰρ διὰ ταῦτʼ ἐξ ἀρχῆς ὀφείλειν εἵλετο καὶ τόκον φέρειν, ἵνα μὴ κινδυνεύοι ἡ προὶξ μετὰ τῆς ἄλλης οὐσίας, πῶς οὗτος ἂν ἀπέδωκεν ἤδη τὴν δίκην φεύγοντος;
For how could he, who from the beginning chose to owe and pay interest for these reasons, so that the dowry might not run risks with the rest of the property, have paid it when Aphobus was already defending a lawsuit?
ὃς εἰ καὶ τότʼ ἐπίστευσεν, τηνικαῦτʼ ἂν ἀπολαβεῖν ἐζήτησεν.
Even if he had trusted him at that time, under such circumstances he would have sought to recover it.
οὐκ ἔνεστι δήπουθεν, ὦ ἄνδρες δικασταί.
It is surely impossible, men of the jury.