§9ἄξιον τοίνυν καὶ τὸν ὅρκον, ὁποῖόν τινʼ ἂν ὤμοσεν, εἴ τις ἔδωκεν, ἐκ τούτων ἰδεῖν.
It is worth while, therefore, to see from these facts what kind of oath he would have sworn if anyone had given the dowry.
ὃς γὰρ ὀγδοήκοντα μνᾶς ἔφη τὴν προῖκʼ εἶναι, εἰ τότʼ αὐτῷ τις ἔδωκεν, ὀμόσαντι ταῦτʼ ἀληθῆ λέγειν, κομίσασθαι, τί ἐποίησεν ἄν;
For he who said the dowry was eighty minae, if at that time someone had offered to let him recover it on condition of his swearing that this statement was true, what would he have done?
ἢ δῆλον ὅτι ὤμοσεν;
Is it not clear that he would have sworn?
τί γὰρ καὶ λέγων οὐ φήσει τότʼ ἂν ὀμόσαι, νῦν γε τοῦτʼ ἀξιῶν;
For what indeed could he say to deny that he would have sworn then, seeing that he claims this now?
οὐκοῦν ὅτι γʼ ἐπιώρκησεν ἄν, ἑαυτὸν ἐξελέγχει· νῦν γὰρ οὐκ ὀγδοήκοντα μνᾶς, ἀλλὰ τάλαντον δεδωκέναι φησίν.
Therefore, he refutes himself, showing that he would have committed perjury; for now he says that he gave not eighty minae, but a talent.
τί μᾶλλον ἂν οὖν εἰκότως τις αὐτὸν ἐκεῖνʼ ἐπιορκεῖν ἢ τάδʼ ἡγοῖτο;
Why indeed should anyone reasonably suppose him to be perjuring himself in that case rather than in this?
ἢ τίνα τις δικαίως ἂν ἔχοι περὶ τούτου διάνοιαν, τοῦ ῥᾳδίως οὕτως αὑτὸν ἐξελέγχοντος ὄντʼ ἐπίορκον; §10ἀλλὰ νὴ Δίʼ ἴσως οὐχὶ πάντʼ αὐτῷ τοιαῦτα πέπρακται, οὐδὲ πανταχόθεν δῆλός ἐστι τεχνάζων.
Or what opinion could anyone justly hold about this man, who so easily refutes himself as being a perjurer? But by Zeus, perhaps not all his actions are of this character, nor is he shown to be tricking us from every side.
ἀλλὰ καὶ τιμώμενος φανερὸς γέγονεν ὑπὲρ Ἀφόβου ταλάντου, καὶ τοῦτʼ αὐτὸς ἡμῖν ἀποδώσειν ἐγγυώμενος.
But he has also been shown to have valued the security at a talent on behalf of Aphobus, and to have personally guaranteed to pay this to us.
καίτοι σκέψασθʼ ὅτι τοῦτʼ ἔστι τεκμήριον οὐ μόνον τοῦ τὴν γυναῖκα συνοικεῖν Ἀφόβῳ καὶ τοῦτον οἰκείως ἔχειν, ἀλλὰ καὶ τοῦ μὴ δεδωκέναι τὴν προῖκα. §11τίς γὰρ ἀνθρώπων ἠλίθιός ἐστιν οὕτως ὥστʼ ἀργύριον μὲν δοὺς τοσοῦτον, ἔπειθʼ ἓν λαβὼν χωρίον ἀμφισβητούμενον εἰς ἀποτίμησιν, σὺν οἷς πρότερον ἐζημίωτο, τὸν ἀδικήσανθʼ ὡς δίκαιόν τι ποιήσοντα καὶ τοῦ τῆς δίκης ὀφλήματος προσεγγυήσασθαι;
And yet, observe that this is proof not only of the woman's cohabiting with Aphobus and of this man's close relationship with him, but also of his not having given the dowry. For who among men is so foolish that, after giving so much money and then receiving a single disputed piece of land as mortgage, in addition to the losses he had previously suffered, he would also guarantee the judgment debt of the wrongdoer, as if the latter were going to do something just?
ἐγὼ μὲν οὐδένʼ οἶμαι.
For my part, I think there is no one.
καὶ γὰρ οὐδὲ λόγον τὸ πρᾶγμʼ ἔχον ἐστίν, τὸν αὐτὸν αὑτῷ μὴ δυνάμενον κομίσασθαι τάλαντον, τοῦτον ἄλλῳ τινὶ φάσκειν ἀποτείσειν καὶ ταῦτʼ ἐγγυᾶσθαι.
Indeed, it is not even reasonable that the very man who cannot recover a talent for himself should claim that he will pay it to someone else, and guarantee this.
ἀλλὰ καὶ ἀπʼ αὐτῶν τούτων ἐστὶ δῆλον ὅτι τὴν μὲν προῖκʼ οὐκ ἔδωκεν, ἀντὶ δὲ πολλῶν χρημάτων τῶν ἐμῶν οἰκεῖος ὢν Ἀφόβῳ ταῦτʼ ἀπετιμᾶτο, κληρονόμον τὴν ἀδελφὴν τῶν ἐμῶν μετʼ ἐκείνου καταστῆσαι βουλόμενος. §12εἶτα νῦν παρακρούσασθαι ζητεῖ καὶ φενακίζει, λέγων ὡς πρότερον τοὺς ὅρους ἔστησεν ἢ ʼκεῖνον τὴν δίκην ὀφλεῖν.
But from these very facts it is clear that he did not give the dowry, but that, being a relative of Aphobus, he mortgaged these properties in exchange for my large estate, wishing to make his sister, along with Aphobus, the heir to my possessions. And then, he now seeks to mislead and deceive you, saying that he set up the pillars before Aphobus lost the lawsuit.
οὐ πρότερόν γʼ ἢ παρὰ σοί, νῦν εἰ ἀληθῆ λέγεις. δῆλον γὰρ ὅτι καταγνοὺς ἀδικίαν αὐτοῦ ταῦτʼ ἐποίεις.
Not before you expected it in your own mind, at least, if you are telling the truth now; for it is clear that you did this because you had already condemned his injustice.
εἶτα καὶ γελοῖον τοῦτο λέγειν, ὥσπερ οὐκ εἰδότων ὑμῶν ὅτι πάντες οἱ τὰ τοιαῦτʼ ἀδικοῦντες σκοποῦσι τί λέξουσιν, καὶ οὐδεὶς πώποτʼ ὦφλεν σιωπῶν οὐδʼ ἀδικεῖν ὁμολογῶν· ἀλλʼ ἐπειδὰν οἶμαι μηδὲν ἀληθὲς λέγων ἐξελεγχθῇ, τότε γιγνώσκεται ὁποῖός ἐστιν. §13ὅπερ καὶ οὗτος ἔμοιγε δοκεῖ πάσχειν.
Moreover, it is ridiculous to say this, as if you did not know that all who commit such wrongs consider beforehand what they will say, and that no one has ever lost a case by keeping silent or by admitting his guilt; but, I suppose, it is when he is refuted for saying nothing true that his real character is recognized. Which is just what this man, it seems to me, is experiencing.
ἐπεὶ φέρε, πῶς ἐστι δίκαιον, ἐὰν μὲν ὀγδοήκοντα μνῶν θῇς ὅρους, ὀγδοήκοντα μνᾶς εἶναι τὴν προῖκα, ἐὰν δὲ πλείονος πλέον, ἐὰν δʼ ἐλάττονος ἔλαττον;
For come, how is it just that, if you set up pillars for eighty minae, the dowry is eighty minae, and if for more, more, and if for less, less?
ἢ πῶς ἐστι δίκαιον, τῆς ἀδελφῆς τῆς σῆς μηδέπω καὶ τήμερον ἄλλῳ συνοικούσης μηδʼ ἀπηλλαγμένης Ἀφόβου, μηδὲ τὴν προῖκα δεδωκότος σοῦ, μηδʼ ὑπὲρ τούτων εἰς βάσανον μηδʼ εἰς ἄλλο δίκαιον μηδὲν καταφεύγειν ἐθέλοντος, ὅτι σὺ στῆσαι φὴς ὅρους, σὸν εἶναι τὸ χωρίον; ἐγὼ μὲν οὐδαμῶς οἶμαι·
Or how is it just that, when your sister even to this day is not cohabiting with another man nor has been separated from Aphobus, and you have not given the dowry, and are unwilling to resort to torture or to any other fair test concerning these matters, the land should be yours merely because you say you set up pillars?
τὴν γὰρ ἀλήθειαν σκεπτέον, οὐχ ἅ τις αὑτῷ παρεσκεύασεν ἐξεπίτηδες εἰς τὸ λέγειν τι δοκεῖν, ὥσπερ ὑμεῖς. §14ἔπειτα τὸ δεινότατον· εἰ καὶ δεδωκότες ἦθʼ ὡς μάλιστα τὴν προῖκα, ἣν οὐ δεδώκατε, τίς ὁ τούτων αἴτιος;
For my part, I think it is in no way so; for we must examine the truth, and not what someone has intentionally fabricated for himself in order to appear to have an argument, as you have done. Then comes the most monstrous thing of all: even if you had given the dowry in the fullest sense—which you did not—who is to blame for these things?
οὐχ ὑμεῖς, ἐπεὶ ἐπὶ τἄμʼ ἔδοτε;
Is it not you, since you gave it on the security of my property?
οὐχ ὅλοις ἔτεσιν πρότερον δέκα τἀμὰ λαβὼν εἶχεν ἐκεῖνος ὧν ὦφλεν τὴν δίκην, ἢ κηδεστήν σοι γενέσθαι;
Had he not taken and held for ten whole years my property, for which he lost the lawsuit, before he became your brother-in-law?
ἢ σὲ μὲν δεῖ κομίσασθαι πάντα, τὸν δὲ καὶ καταδικασάμενον καὶ διʼ ὀρφανίαν ἠδικημένον καὶ προικὸς ἀληθινῆς ἀπεστερημένον, ὃν μόνον ἀνθρώπων οὐδὲ τῆς ἐπωβελίας ἄξιον ἦν κινδυνεύειν, ἠναγκάσθαι τοιαῦτα παθεῖν, κεκομισμένον μηδʼ ὁτιοῦν, καὶ ταῦτʼ ἐθέλοντα ποιεῖν ἐφʼ ὑμῖν αὐτοῖς, εἴ τι τῶν δεόντων ἐβούλεσθε πράττειν;
Or is it that you ought to recover everything, while I—who won my case, was wronged because of my orphanhood, and was deprived of my true dowry, and who alone of men should not have been in danger of even the epobelia—am forced to suffer such treatment, having recovered absolutely nothing, and that too when I was willing to leave the matter to yourselves, if you wished to do anything of what was right?