§9ὅτι μὲν οὖν ὧν πρὸ τῶν ἀπαλλαγῶν εἰσέπραξεν χρεῶν ὁ πατὴρ ἢ ὅλως ἔλαβεν χρημάτων ἐκ τῆς ἐπιτροπῆς, οὐδενός εἰσιν δίκαι τούτοις καθʼ ἡμῶν ἀπηλλαγμένοις, ἐξ αὐτῶν τῶν νόμων καὶ τῆς ἀφέσεως ἱκανῶς πάντας ἡγοῦμαι ὑμᾶς μεμαθηκέναι.
Therefore, that they have no right of action against us for any of the debts which my father collected before the settlement, or in general for any money he received from the guardianship, since they have given a release, I believe you have all sufficiently learned from the laws themselves and from the discharge.
ὅτι δʼ ὕστερον οὐκ ἔνι τὴν κομιδὴν γεγενῆσθαι τούτων τῶν χρημάτων (τοῦτο γὰρ πλάττουσιν οὗτοι καὶ παράγουσιν), τοῦτο βούλομαι δεῖξαι.
But that it is impossible for the recovery of these funds to have taken place later (for this is what they fabricate and bring forward), this is what I wish to show.
§10τὸν μὲν γὰρ πατέρʼ οὐδʼ ἂν αἰτιάσαιντο λαβεῖν (τέτταρσι γὰρ ἢ τρισὶ μησὶν ὕστερον ἢ διελύσατο πρὸς τούτους ἐτελεύτησεν).
For they could not even accuse my father of having received it (for he died three or four months after he had made the settlement with them).
ὡς δʼ οὐδὲ Δημάρετον τὸν καταλειφθένθʼ ἡμῶν ἐπίτροπον λαβεῖν οἷόν τε (καὶ γὰρ τοῦτον ἔγραψαν εἰς τὸ ἔγκλημα), καὶ τοῦτʼ ἐπιδείξω.
And that it was also impossible for Demaretus, who was left as our guardian, to have received it (for they have included him too in the indictment), this also I shall demonstrate.
§11μέγιστοι μὲν οὖν ἡμῖν εἰσιν οὗτοι μάρτυρες (οὐδαμοῦ γὰρ φανήσονται δίκην εἰληχότες ζῶντι τῷ Δημαρέτῳ)· οὐ μὴν ἀλλὰ καὶ τὸ πρᾶγμʼ ἄν τις αὐτὸ σκοπῶν καὶ θεωρῶν ἴδοι οὐ μόνον οὐχὶ λαβόντα, ἀλλʼ οὐδʼ ἐνὸν αὐτῷ λαβεῖν.
Now, these men themselves are our greatest witnesses (for they will nowhere be found to have brought a suit against Demaretus during his lifetime); nevertheless, if one looks at and considers the matter itself, he would see that Demaretus not only did not receive it, but that it was not even possible for him to receive it.
ἦν μὲν γὰρ τὸ χρέως ἐν Βοσπόρῳ, ἀφίκετο δʼ οὐδεπώποτʼ εἰς τὸν τόπον τοῦτον ὁ Δημάρετος· πῶς οὖν εἰσέπραξεν;
For the debt was in Bosporus, and Demaretus never once went to that place; how then did he collect it?
ἔπεμψεν νὴ Δίʼ, εἴποι τις ἄν, τὸν κομιούμενον. §12σκοπεῖτε δὴ τοῦθʼ οὑτωσί.
"By Zeus," someone might say, "he sent someone to recover it." Consider this matter in the following way.
ὤφειλεν Ἑρμῶναξ στατῆρας ἑκατὸν παρὰ Ναυσικράτους λαβὼν τούτοις.
Hermonax owed one hundred staters which he had received from Nausicrates for these men.
τούτων Ἀρίσταιχμος ἐπίτροπος καὶ κηδεμὼν ἐγένεθʼ ἑκκαίδεκʼ ἔτη.
Of them Aristaechmus was guardian and protector for sixteen years.
οὐκοῦν ἅ γε τούτων ἀνδρῶν γεγονότων διʼ ἑαυτοῦ διέλυε χρήμαθʼ ὁ Ἑρμῶναξ, οὐκ ἀπέδωκεν ὅτʼ ἦσαν παῖδες· οὐ γὰρ δίς γε ταὐτὰ κατετίθει.
Surely Hermonax, who settled directly by himself the money when these men had become adults, did not pay it when they were children; for he certainly would not have paid the same sum twice.
ἔστιν οὖν οὕτω τις ἀνθρώπων ἄτοπος, ὥσθʼ ἃ τοὺς κυρίους διεκρούσατο μὴ καταθεῖναι τοσοῦτον χρόνον, ταῦτα τῷ μὴ κυρίῳ πέμψαντι γράμμαθʼ ἑκὼν ἀποδοῦναι;
Is there then anyone among men so strange that, after having evaded paying those who had the legal authority for so long a time, he would voluntarily pay it to one who had no legal authority, just because he sent a letter?
ἐγὼ μὲν οὐκ οἶμαι.
I, for one, do not think so.
§13ἀλλὰ μὴν ὡς ἀληθῆ λέγω, καὶ ὁ μὲν πατὴρ ἐτελεύτησεν εὐθέως μετὰ τὰς διαλύσεις, τῷ Δημαρέτῳ δʼ οὐδεπώποθʼ οὗτοι τούτων τῶν χρημάτων δίκην ἔλαχον, οὐδʼ ὅλως ἐξέπλευσεν ἐκεῖνος οὐδʼ ἀπεδήμησεν ἐκεῖσε, λαβὲ τὰς μαρτυρίας.
But indeed, to prove that I am telling the truth, and that my father died immediately after the settlement, and that these men never brought a suit against Demaretus for this money, and that he never sailed out or traveled abroad to that place at all, take the testimonies.
ΜΑΡΤΥΡΙΑΙ.
DEPOSITIONS.
§14ὅτι μὲν τοίνυν οὔθʼ ὁ πατὴρ μετὰ τὴν ἄφεσιν τὰ χρήματʼ εἰσέπραξεν, οὔτʼ ἂν ἔδωκεν ἑκὼν οὐδείς, εἴ τινʼ ἔπεμψεν ὁ Δημάρετος, οὔτʼ ἀνέπλευσεν αὐτὸς οὐδʼ ἀφίκετʼ ἐκεῖσε, δῆλον ἐκ τῶν χρόνων καὶ τῶν μαρτυριῶν ὑμῖν γέγονεν.
Thus, that neither my father collected the money after the release, nor would anyone have paid it voluntarily if Demaretus had sent someone, nor did he himself sail up or arrive there, has become clear to you from the dates and the testimonies.
βούλομαι τοίνυν καὶ ὅλως ψευδομένους αὐτοὺς ὅλον τὸ πρᾶγμʼ ἐπιδεῖξαι.
I wish, therefore, to show that they are lying completely about the whole matter.
οὗτοι γὰρ γεγράφασιν εἰς ὃ νῦν ἔγκλημα διώκουσιν, ὀφείλειν ἡμᾶς τὸ ἀργύριον κομισαμένου τοῦ πατρὸς καὶ παραδόντος αὐτοῖς τοῦτο τὸ χρέως ἐν τῷ λόγῳ τῆς ἐπιτροπῆς ὀφειλόμενον.
For they have written in the indictment which they are now prosecuting, that we owe the money because my father had recovered it and handed over this debt to them as owing in the accounts of the guardianship.
καί μοι λέγʼ αὐτὸ τὸ ἔγκλημα λαβών.
Take and read the indictment itself.
ΕΓΚΛΗΜΑ.
INDICTMENT.
§15ἀκούετε γεγραμμένον ἐν τῷ ἐγκλήματι
παραδόντος ἐμοὶ τοῦ Ἀρισταίχμου τὸ χρέως ἐν τῷ λόγῳ τῆς ἐπιτροπῆς
. ὅτε τοίνυν ἐλάγχανον τῷ πατρὶ τῆς ἐπιτροπῆς, τἀναντίʼ ἐγράψαντο τούτων· ὡς γὰρ οὐκ ἀποδόντι λόγον τότʼ ἐγκαλοῦντες φαίνονται.
You hear it written in the indictment: ¦"Aristaechmus having handed over the debt to me in the accounts of the guardianship."¦ Yet when they were bringing their suit against my father for the guardianship, they wrote the exact opposite of this; for they appear to have accused him at that time on the ground that he did not render his accounts.
λέγʼ αὐτὸ τὸ ἔγκλημα, ὃ τότʼ ἔλαχον τῷ πατρί.
Read the indictment itself which they then brought against my father.
ΕΓΚΛΗΜΑ.
INDICTMENT.
§16ἐν ποίῳ δὴ λόγῳ νῦν ἐγκαλεῖθʼ ὡς παρέδωκεν, ὦ Ξενοπείθη καὶ Ναυσίμαχε;
In what account, pray, do you now charge that he handed it over, Xenopithes and Nausimachus?
τότε μὲν γὰρ ὡς οὐκ ἀποδόντι δίκας ἐλαγχάνετε καὶ χρήματʼ ἐπράττεσθε.
For at that time you brought your suits and recovered money on the ground that he did not render them.
εἰ δʼ ἐπʼ ἀμφότερʼ ἔσται συκοφαντεῖν ὑμῖν, καὶ τοτὲ μὲν τοῦ μὴ παραδοῦναι χρήματʼ ἐπράξασθε, τοτὲ δʼ ὡς παραδόντος διώκετε, οὐδὲν κωλύει καὶ τρίτον τι σκοπεῖν μετὰ ταῦτα, ὅτου πάλιν δικάσεσθε.
But if you are to be allowed to make malicious prosecutions in both ways, and at one time you recovered money for his not having handed them over, and at another time you prosecute him on the ground that he did hand them over, nothing prevents you from looking for a third ground after this, on which you may sue again.
οἱ νόμοι δʼ οὐ ταῦτα λέγουσιν, ἀλλʼ ἅπαξ περὶ τῶν αὐτῶν πρὸς τὸν αὐτὸν εἶναι τὰς δίκας.
Yet the laws do not say this, but that there shall be but one trial between the same parties concerning the same matters.