§1δεδωκότων, ὦ ἄνδρες δικασταί, τῶν νόμων παραγράψασθαι περὶ ὧν ἄν τις ἀφεὶς καὶ ἀπαλλάξας πάλιν δικάζηται, γεγενημένων ἀμφοτέρων τούτων τῷ πατρὶ πρὸς Ναυσίμαχον καὶ Ξενοπείθην τοὺς εἰληχότας ἡμῖν, παρεγραψάμεθα, ὥσπερ ἠκούσατʼ ἀρτίως, μὴ εἰσαγώγιμον εἶναι τὴν δίκην.
Since the laws, men of the jury, allow a defendant to file a special plea in cases where a plaintiff sues again after having once released and discharged him, and since both of these transactions had taken place between our father and Nausimachus and Xenopithes, who have brought these suits against us, we have filed a special plea, as you heard just now, that the action is not maintainable.
§2δεήσομαι δὲ καὶ δίκαια καὶ μέτριʼ ὑμῶν ἁπάντων, πρῶτον μὲν εὐνοϊκῶς ἀκοῦσαί μου λέγοντος, εἶτʼ, ἐὰν ἀδικεῖσθαι δοκῶ καὶ μὴ προσήκοντος ἐγκλήματος φεύγειν δίκην, βοηθῆσαί μοι τὰ δίκαια.
And I shall make a request of you all which is both just and reasonable: first, to listen to me as I speak with goodwill; and second, if I appear to be wronged and to be defending a suit on an inapplicable charge, to give me your rightful assistance.
ὃ μὲν γὰρ ὑμεῖς ἐπὶ τῇ δίκῃ τίμημʼ ἀκηκόατε, τριάκοντα μναῖ εἰσιν, ὧν δὲ φεύγομεν χρημάτων, τέτταρα τάλαντα.
For the amount of damages which you have heard in the indictment is thirty minae, but the sum for which we are on trial is four talents.
ὄντες γὰρ δύο τέτταρας εἰλήχασι δίκας ἡμῖν, τῶν αὐτῶν χρημάτων πάσας, τρισχιλίων ἑκάστην, βλάβης· καὶ νυνὶ πρὸς τριάκοντα μνῶν ἐπίγραμμα, ὑπὲρ τοσούτων χρημάτων εἰς ἀγῶνα καθέσταμεν.
Since they, being two, have brought four suits against us, all of them for damages concerning the same property, and each for three thousand drachmae; and so now we are brought into court for so great a sum of money, in response to an indictment of thirty minae.
§3τὴν μὲν οὖν συκοφαντίαν τὴν τούτων, καὶ μεθʼ ὅσης ἐπιβουλῆς ἐληλύθασιν ἐφʼ ἡμᾶς, ἐξ αὐτῶν τῶν πεπραγμένων εἴσεσθε.
Now, their malicious prosecution and the extent of the conspiracy with which they have come against us, you will learn from the facts themselves.
ἀναγνώσεται δὲ πρῶτον ὑμῖν τὰς μαρτυρίας, ὡς ἀφεῖσαν τὸν πατέρʼ ἡμῶν ὧν ἐνεκάλεσαν εἰς τὴν ἐπιτροπήν· κατὰ γὰρ τοῦτο καὶ παρεγραψάμεθα μὴ εἰσαγώγιμον εἶναι τὴν δίκην.
First, the clerk shall read you the testimonies showing that they released our father from all claims they made regarding his guardianship; for it is on this ground that we have filed our special plea that the action is not maintainable.
καί μοι λέγε ταυτασὶ τὰς μαρτυρίας.
Read these testimonies, please.
ΜΑΡΤΥΡΙΑΙ.
DEPOSITIONS.
§4ὅτι μὲν τοίνυν, ὦ ἄνδρες δικασταί, καὶ δίκας ἔλαχον τῆς ἐπιτροπῆς καὶ ἀφεῖσαν ταύτας καὶ τὰ συγχωρηθέντα χρήματʼ ἔχουσιν, ἀκούετε τῶν μαρτυριῶν.
That they did bring suits regarding the guardianship, and that they released those claims and hold the money agreed upon, you hear from the testimonies, men of the jury.
ὅτι δʼ οὐκ ἐῶσιν οἱ νόμοι περὶ τῶν οὕτω πραχθέντων αὖθις δικάζεσθαι, νομίζω μὲν ἅπαντας ὑμᾶς εἰδέναι, κἂν μηδὲν εἴπω περὶ αὐτῶν ἐγώ, βούλομαι δʼ ὅμως καὶ τὸν νόμον ὑμῖν αὐτὸν ἀναγνῶναι.
And that the laws do not allow a second trial concerning matters thus settled, I believe you all know, even if I say nothing about them myself; nevertheless, I wish to read the law itself to you.
λέγε τὸν νόμον.
Read the law.
ΝΟΜΟΣ.
LAW.
§5ἀκούετʼ, ὦ ἄνδρες δικασταί, τοῦ νόμου σαφῶς λέγοντος ἕκαστα, ὧν μὴ εἶναι δίκας· ὧν ἕν ἐστιν, ὁμοίως τοῖς ἄλλοις κύριον, περὶ ὧν ἄν τις ἀφῇ καὶ ἀπαλλάξῃ, μὴ δικάζεσθαι.
You hear, men of the jury, how clearly the law states in each case what matters are not subject to a lawsuit; one of which, having equal validity with the rest, is that no one shall bring a suit concerning matters for which he has given a release and discharge.
οὕτω τοίνυν καὶ μετὰ πολλῶν μαρτύρων τῆς ἀφέσεως γεγονυίας, καὶ φανερῶς ἀπολύοντος ἡμᾶς τοῦ νόμου, εἰς τοῦτʼ ἐληλύθασιν ἀναισχυντίας οὗτοι καὶ τόλμης, §6ὥστε τεττάρων μὲν καὶ δέκʼ ἐτῶν γεγενημένων ἀφʼ οὗ τὸν πατέρʼ ἡμῶν ἀφεῖσαν, εἴκοσι δὲ καὶ δυοῖν ἀφʼ οὗ τυγχάνουσιν ἐγγεγραμμένοι, τετελευτηκότος δὲ καὶ τοῦ πατρὸς τοῦ ἡμετέρου, πρὸς ὃν αὐτοῖς ἐγένονθʼ αἱ διαλλαγαί, καὶ τῶν ἐπιτρόπων, οἳ μετὰ τὸν ἐκείνου θάνατον τῶν ἡμετέρων ἐγένοντο κύριοι, καὶ τῆς ἑαυτῶν μητρός, ἥτις ἅπαντα ταῦτʼ ᾔδει, καὶ διαιτητῶν καὶ μαρτύρων καὶ πάντων ὡς εἰπεῖν, τὴν ἡμετέραν ἀπειρίαν καὶ τὴν ἐξ ἀνάγκης ἄγνοιαν τῶν πεπραγμένων ἕρμαιον νομίσαντες ἑαυτῶν, τὰς δίκας ἡμῖν ἔλαχον ταυτασί, καὶ λόγον οὔτε δίκαιον οὔτʼ ἐπιεικῆ τολμῶσι λέγειν.
Since, then, the release was made in the presence of so many witnesses, and the law so clearly absolves us, they have reached such a pitch of impudence and audacity, that, although fourteen years have elapsed since they released our father, and twenty-two years since they were registered as citizens, and although our father, with whom they made the settlement, has died, as well as the trustees who became guardians of our estate after his death, and their own mother, who knew all these facts, and arbitrators and witnesses and, so to speak, everyone, they have looked upon our inexperience and our unavoidable ignorance of the transactions as their windfall, and have brought these suits against us, and dare to make arguments that are neither just nor equitable.
§7φασὶ γὰρ οὐκ ἀποδόσθαι τὰ πατρῷʼ ὧν ἐκομίζοντο χρημάτων, οὐδʼ ἀποστῆναι τῶν ὄντων, ἀλλʼ ὅσʼ αὐτοῖς κατελείφθη χρέα καὶ σκεύη καὶ ὅλως χρήματα, ταῦθʼ ἑαυτῶν γίγνεσθαι.
For they claim that they did not surrender their patrimony out of the money they were recovering, nor did they relinquish existing property, but that whatever debts, chattels, and general property were left to them became their own.
ἐγὼ δʼ οἶδʼ ἀκούων ὅτι τὴν οὐσίαν Ξενοπείθης καὶ Ναυσικράτης ἅπασαν χρέα κατέλιπον, καὶ φανερὰν ἐκέκτηντο μικράν τινα· εἰσπραχθέντων δὲ τῶν χρεῶν καί τινων σκευῶν πραθέντων, ἔτι δʼ ἀνδραπόδων, καὶ τὰ χωρία καὶ τὰς συνοικίας ἐπρίανθʼ οἱ ἐπίτροποι, ἃ παρέλαβον οὗτοι.
But I know by hearsay that Xenopithes and Nausicrates left their entire estate in the form of debts, and possessed very little visible property; and that when the debts had been collected, and some chattels and also slaves had been sold, the guardians bought the lands and lodging-houses which these men received.
§8εἰ μὲν οὖν μηδὲν ἠμφεσβητήθη περὶ τούτων πρότερον, μηδʼ ὡς οὐ καλῶς διῳκημένων εἰς δίκην ἦλθεν, ἄλλος ἂν ἦν λόγος·
If, then, no dispute had arisen about these matters previously, and they had not gone to court on the ground that the estate had been badly managed, it would be another story.
ἐπειδὴ δʼ ὅλην τὴν ἐπιτροπὴν ἐγκαλέσαντες οὗτοι καὶ δίκας λαχόντες χρήματʼ ἐπράξαντο, πάντα ταῦτʼ ἀφεῖται τότε.
But since they brought charges against the entire guardianship, sued, and recovered money, all these claims were released at that time.
οὔτε γὰρ οὗτοι τοὐνόματος δήπου τοῦ τῆς ἐπιτροπῆς τὰς δίκας ἐδίωκον, ἀλλὰ τῶν χρημάτων, οὔτʼ ἐκεῖνοι τοὔνομα τοῦτʼ ἐωνοῦνθʼ ὧν ἀπέτεισαν χρημάτων, ἀλλὰ τὰ ἐγκλήματα.
For surely these men did not pursue their lawsuits for the name of "guardianship," but for the money, nor did the guardians buy that name with the money they paid, but rather bought off the claims.