§39ἂν δὲ λέγῃ ὡς ἀξιοῦντος αὐτοῦ ἐπιτρέψαι Κόνωνι τῷ Τιμοθέου περὶ ἁπάντων ἐγὼ οὐκ ἐβουλόμην ἐπιτρέπειν, ἐνθυμεῖσθε ὡς ἐξαπατᾶν ὑμᾶς ἐπιχειρήσει.
And if he says that, although he demanded to refer all matters to Conon, the son of Timotheus, I was unwilling to refer them, reflect that he will attempt to deceive you.
ἐγὼ γὰρ περὶ μὲν ὧν αἱ δίκαι οὔπω τέλος εἶχον, ἕτοιμος ἦν ἐπιτρέπειν καὶ Κόνωνι καὶ ἄλλῳ διαιτητῇ ἴσῳ, ὅτῳ οὗτος βούλοιτο· περὶ δὲ ὧν τρὶς πρὸς τὸν διαιτητὴν ἀπαντήσαντος τούτου καὶ ἀντιδικοῦντος ὁ μὲν διαιτητὴς ἀπέγνω μου, οὗτος δὲ τοῖς γνωσθεῖσιν ἐνέμεινεν, ὡς καὶ ὑμῖν μεμαρτύρηται, οὐκ ᾤμην δίκαιον εἶναι ταῦτα πάλιν ἀνάδικα γίγνεσθαι·
For on the one hand, regarding those matters in which the lawsuits had not yet reached a final decision, I was ready to refer them both to Conon and to any other impartial arbitrator whom this man wished; on the other hand, regarding those matters in which, after this man had three times met before the arbitrator and disputed, the arbitrator dismissed the case against me, and this man abided by the decision, as has also been testified to you, I did not think it just that these things should become subject to trial again.
§40τί γὰρ ἂν ἦν πέρας ἡμῖν τοῦ διαλυθῆναι, εἰ τὰ κατὰ τοὺς νόμους διαιτηθέντα λύσας ἑτέρῳ διαιτητῇ ἐπέτρεψα περὶ τῶν αὐτῶν ἐγκλημάτων, ἄλλως τε καὶ ἀκριβῶς εἰδὼς ὅτι, εἰ καὶ πρὸς τοὺς ἄλλους μὴ ἐπιεικές ἐστιν ταῖς διαίταις ἰσχυρίζεσθαι, πρός γε τοῦτον ἁπάντων δικαιότατον ἦν οὕτως προσφέρεσθαι.
For what end of settlement would there have been for us, if, after annulling the decisions arbitrated according to the laws, I had referred the same charges to another arbitrator, especially since I knew well that, even if it is not reasonable towards others to insist upon arbitrations, towards this man at least it was of all things most just to behave in this way?
§41φέρε γάρ, εἴ τις αὐτὸν ξενίας γράψαιτο λέγων ὡς διομνύμενος ὁ πατὴρ οὐκ ἔφη τοῦτον υἱὸν αὑτοῦ εἶναι, ἔσθʼ ὅτῳ ἂν ἄλλῳ ἰσχυρίζοιτο πρὸς ταῦτα ἢ διότι τῆς μητρὸς αὐτῶν ὀμοσάσης καὶ τοῦ διαιτητοῦ καταγνόντος ἠναγκάσθη ὁ πατὴρ ἡμῶν ἐμμεῖναι τῇ διαίτῃ;
For come, if someone should prosecute him for usurpation of citizenship, saying that the father on his oath denied that this man was his son, is there any other thing upon which he would rely against this than that, because their mother had taken an oath and the arbitrator had decided against him, our father was compelled to abide by the arbitration?
§42οὐκοῦν δεινόν, εἰ οὗτος αὐτὸς κατὰ γνῶσιν διαιτητοῦ ὑμέτερος πολίτης γεγενημένος καὶ πρὸς ἐμὲ τὴν οὐσίαν νειμάμενος καὶ τυχὼν τῶν μετρίων ἁπάντων, ἃς ἐγὼ δίκας τοῦτον ἀπέφυγον παρόντα καὶ ἀντιδικοῦντα καὶ τοῖς γνωσθεῖσιν ἐμμένοντα, ταύτας ἀναδίκους ἀξιῶν γίγνεσθαι δίκαιόν τι δοκοίη λέγειν ὑμῖν, ὥσπερ, ὅταν μὲν τούτῳ συμφέρῃ, δέον εἶναι κυρίας τὰς διαίτας, ὅταν δὲ μὴ συμφέρῃ, προσῆκον τὴν τούτου γνώμην κυριωτέραν γενέσθαι τῶν κατὰ τοὺς ὑμετέρους νόμους γνωσθέντων.
Is it not therefore outrageous, if this man, who himself became your citizen according to the decision of an arbitrator, and divided the property with me, and obtained all reasonable rights, should, when demanding that those lawsuits which I escaped when he was present and disputing and abiding by the decisions should become subject to trial again, seem to you to say anything just? As if, whenever it is advantageous to him, arbitrations must be valid, but whenever it is not advantageous, it is fitting that his opinion should become more valid than the decisions made according to your laws.
§43ὃς οὕτως ἐπίβουλός ἐστιν, ὥστε καὶ τὴν δίαιταν ταύτην ἐπιτρέπειν με προὐκαλεῖτο, οὐχ ὅπως ἀπαλλαγῇ πρός με, ἀλλʼ ἵνα, ὥσπερ καὶ πρότερον ἕνδεκα ἔτη διήγαγε κακουργῶν, οὕτως καὶ νῦν τὰ ἀποδιαιτηθέντα μου λύσας ἐξ ἀρχῆς με συκοφαντῇ καὶ τὴν δίκην ταύτην ἐκκρούῃ.
He is so scheming that he challenged me to refer even this arbitration, not so that he might be reconciled with me, but so that, just as he previously spent eleven years acting mischievously, so now too, by annulling the decisions arbitrated in my favor, he might slander me from the beginning and delay this lawsuit.
§44τεκμήριον δὲ τούτου μέγιστον· οὔτε γὰρ τὴν πρόκλησιν ἐδέχετο, ἣν ἐγὼ κατὰ τοὺς νόμους προὐκαλούμην αὐτόν, πρότερόν τε Ξενίππῳ, ὃν οὗτος προὐβάλετο διαιτητήν, ἐπιτρέψαντός μου περὶ τῆς τοῦ ὀνόματος δίκης, ἀπηγόρευσεν αὑτῷ μὴ διαιτᾶν.
And here is the greatest proof of this: for he neither accepted the challenge which I challenged him according to the laws, and previously, when I referred the suit concerning the name to Xenippus, whom this man had proposed as arbitrator, he forbade him to arbitrate.
ὅτι δὲ καὶ ταῦτʼ ἀληθῆ λέγω, ἐκ τῆς μαρτυρίας καὶ τῆς προκλήσεως εἴσεσθε.
And that I speak the truth in these things too, you will know from the deposition and the challenge.
ΜΑΡΤΥΡΙΑ. ΠΡΟΚΛΗΣΙΣ.
DEPOSITION. CHALLENGE.
§45ταύτην τοίνυν τὴν πρόκλησιν οὐ δεξάμενος, ἀλλʼ ἐνεδρεύων με καὶ τὴν δίκην ὅτι πλεῖστον χρόνον ἐκκρούειν βουλόμενος, κατηγορήσει, ὡς ἐγὼ πυνθάνομαι, οὐ μόνον ἐμοῦ, ἀλλὰ καὶ τοῦ πατρός, λέγων ὡς ἐκεῖνος ἐμοὶ χαριζόμενος πολλὰ τοῦτον ἠδίκησεν.
Therefore, not having accepted this challenge, but lying in wait for me and wishing to delay the lawsuit for as long a time as possible, he will accuse, as I learn, not only me but also our father, saying that he, to gratify me, did this man many wrongs.
ὑμεῖς δʼ, ὦ ἄνδρες δικασταί, μάλιστα μέν, ὥσπερ αὐτοὶ οὐκ ἂν ἀξιώσαιτε κακῶς ἀκούειν ὑπὸ τῶν ὑμετέρων παίδων, οὕτω μηδὲ τούτῳ ἐπιτρέπετε περὶ τοῦ πατρὸς βλασφημεῖν· §46καὶ γὰρ ἂν εἴη δεινόν, εἰ αὐτοὶ μὲν πρὸς τοὺς ἐπὶ τῆς ὀλιγαρχίας πολλοὺς τῶν πολιτῶν ἀκρίτους ἀποκτείναντας διαλλαγέντες ἐμμένετε ταῖς ὁμολογίαις, ὥσπερ χρὴ τοὺς καλοὺς κἀγαθοὺς ἄνδρας, τούτῳ δὲ πρὸς τὸν πατέρα ζῶντα καὶ διαλυθέντι καὶ πολλὰ παρὰ τὸ δίκαιον πλεονεκτήσαντι νῦν μνησικακεῖν ἐπιτρέψετε καὶ κακῶς λέγειν ἐκεῖνον.
But you, O judges, above all, just as you yourselves would not think fit to be ill spoken of by your own children, so do not permit this man either to blaspheme against his father; for indeed it would be shocking if you yourselves, having made peace with those who under the oligarchy put many of the citizens to death without trial, abide by your agreements, as honorable and good men ought to do, but should permit this man now to bear a grudge against his father, with whom while he was living he was reconciled and from whom he obtained many advantages contrary to justice, and to speak ill of him.
§47μηδαμῶς, ὦ ἄνδρες δικασταί, ἀλλὰ μάλιστα μὲν κωλύετε αὐτὸν ταῦτα ποιεῖν, ἂν δʼ ἄρα βιάζηται ὑμᾶς καὶ λοιδορῆται, ἐνθυμεῖσθε ὅτι αὐτὸς ἑαυτοῦ καταμαρτυρεῖ μὴ ἐξ ἐκείνου γεγενῆσθαι.
By no means, O judges, but above all prevent him from doing these things; and if, after all, he forces his way and utters slanders, reflect that he himself bears witness against himself that he is not begotten of that man.
οἱ μὲν γὰρ φύσει παῖδες ὄντες, κἂν πρὸς ζῶντας τοὺς πατέρας διενεχθῶσιν, ἀλλʼ οὖν τελευτήσαντας αὐτοὺς ἐπαινοῦσιν· οἱ δὲ νομιζόμενοι μὲν υἱεῖς, μὴ ὄντες δὲ γένει ἐξ ἐκείνων, ῥᾳδίως μὲν αὐτοῖς διαφέρονται ζῶσιν, οὐδὲν δὲ φροντίζουσι περὶ τεθνεώτων αὐτῶν βλασφημοῦντες.
For those who are sons by nature, even if they have disagreed with their fathers while living, yet praise them when they have died; but those who are only reputed to be sons, but are not so by birth from them, easily fall out with them while living, and care nothing about them when they are dead, uttering slanders.