§9ἦν μὲν γὰρ τὸ ἀργύριον παρὰ τῆς Πολυεύκτου δεδανεισμένος γυναικός, γράμματα δʼ ἔστιν ἃ κατέλιπεν ἀποθνῄσκουσʼ ἐκείνη, μάρτυρες δʼ οἱ τῆς γυναικὸς ἀδελφοὶ παρόντες ἅπασιν καὶ καθʼ ἕκαστον ἐπερωτῶντες, ἵνα μηδὲν δυσχερὲς ἡμῖν εἴη πρὸς ἀλλήλους.
For he had borrowed the money from the wife of Polyeuctus, and there are writings which she left when she died, and as witnesses, the wife’s brothers, who were present at all these things and questioned him on each point, so that there might be no difficulty between us.
οὔκουν δεινόν, ὦ ἄνδρες δικασταί, καὶ σχέτλιον ἐμὲ μὲν ἁπάντων, ὧν ἢ παρὰ Πολυεύκτου ζῶντος ἦν ἐωνημένος ἢ παρὰ τῆς γυναικὸς εἶχον αὐτοῦ, καὶ τόκον τιθέναι καὶ τὴν τιμὴν ἀποδεδωκέναι, καὶ νῦν ἅπερ ὤφειλον πάντʼ εἰς τὸ κοινὸν φέρειν, §10τοῦτον δὲ μήτε τῶν νόμων τῶν ὑμετέρων φροντίζειν μήθʼ ὧν διέθετο Πολύευκτος μήτε τῶν καταλειφθέντων γραμμάτων μήτε τῶν συνειδότων, ἀλλὰ πρὸς ἅπαντα ταῦθʼ ἥκειν ἀντιδικήσοντα;
Is it not then shocking, men of the jury, and outrageous, that I indeed, for everything which I had either bought from Polyeuctus while living or received from his wife, both calculate interest and have paid the price, and now bring everything I owed into the common fund, while this man cares neither for your laws, nor for what Polyeuctus disposed by will, nor for the writings left behind, nor for those who knew the facts, but has come to dispute against all these things?
λαβὲ δή μοι πρῶτον μὲν τὸν νόμον, ὃς οὐκ ἐᾷ τῶν ἀποτιμηθέντων ἔτι δίκην εἶναι πρὸς τοὺς ἔχοντας, ἔπειτα τὰ γράμματα τὰ καταλειφθέντα καὶ τὴν μαρτυρίαν τὴν Ἀριστογένους.
Take, please, for me first the law, which does not allow, concerning things taken as security, that there should still be a lawsuit against those who hold them, and then the writings left behind and the testimony of Aristogenes.
ΝΟΜΟΣ. ΓΡΑΜΜΑΤΑ. ΜΑΡΤΥΡΙΑ.
LAW. WRITINGS. TESTIMONY.
§11βούλομαι τοίνυν, ὦ ἄνδρες δικασταί, καὶ περὶ τῶν ἄλλων ὧν ἐγκαλῶ καθʼ ἕκαστον ὑμᾶς διδάξαι.
I wish then, men of the jury, to inform you about each of the other things which I charge.
φιάλην μὲν γὰρ λαβόντες παρὰ τῆς Πολυεύκτου γυναικὸς καὶ θέντες ἐνέχυρα μετὰ χρυσίων, οὐκ ἀνενηνόχασιν κεκομισμένοι ταύτην, ὡς ὑμῖν Δημόφιλος ὁ θέμενος μαρτυρήσει· σκηνὴν δʼ ἣν ἔχουσιν, οὐδέ γε ταύτην λαβόντες ἀναφέρουσιν· ἄλλα δὲ πόσα τοιαῦτα;
For having taken a cup from the wife of Polyeuctus and having pledged it as security with some gold pieces, they have not brought it back though they recovered it, as Demophilus who took it in pledge will testify to you; and as for the tent which they have, they do not bring even this back though they received it; and how many other such things are there?
τὸ δὲ τελευταῖον εἰσενεγκούσης τῆς ἐμῆς γυναικὸς εἰς τὰ Νεμέσεια τῷ πατρὶ μνᾶν ἀργυρίου καὶ προαναλωσάσης, οὐδὲ ταύτης ἀξιοῖ συμβαλέσθαι τὸ μέρος, ἀλλὰ τὰ μὲν ἔχει προλαβών, τῶν δὲ τὰ μέρη κομίζεται, τὰ δʼ οὕτω φανερῶς οὐκ ἀποδίδωσιν.
And finally, my wife having contributed a mina of silver for her father’s Nemeseia and having advanced the cost, he does not even deign to contribute his share of this, but some things he has by taking them beforehand, of others he receives his shares, and others he thus openly refuses to return.
ἵνα τοίνυν μηδὲ ταῦτʼ ᾖ παραλελειμμένα, λαβέ μοι πάντων αὐτῶν τὰς μαρτυρίας.
In order then that these things may not be overlooked either, take for me the testimonies of all of them.
ΜΑΡΤΥΡΙΑΙ.
TESTIMONIES.
§12ἴσως τοίνυν, ὦ ἄνδρες δικασταί, πρὸς μὲν ταῦτʼ οὐδὲν ἀντερεῖ Σπουδίας (οὐδὲ γὰρ ἕξει, καίπερ δεινὸς ὤν)· αἰτιάσεται δὲ Πολύευκτον καὶ τὴν γυναῖκʼ αὐτοῦ, καὶ φήσει πάντα ταῦθʼ ὑπʼ ἐμοῦ πεισθέντας καταχαρίσασθαι, καὶ νὴ Δίʼ ἕτερα πολλὰ καὶ μεγάλα βλάπτεσθαι, καὶ δίκην εἰληχέναι μοι· ταῦτα γὰρ καὶ πρὸς τῷ διαιτητῇ λέγειν ἐπεχείρει.
Perhaps then, men of the jury, Spudias will say nothing in reply to these things (for he will not even be able to, though he is clever); but he will accuse Polyeuctus and his wife, and will say that they, persuaded by me, favored me in all these things, and by Zeus, that he is being harmed in many other great ways, and has brought a lawsuit against me; for he attempted to say these things even before the arbitrator.
§13ἐγὼ δʼ, ὦ ἄνδρες δικασταί, πρῶτον μὲν οὐχ ἡγοῦμαι δικαίαν εἶναι τὴν ἀπολογίαν τὴν τοιαύτην, οὐδὲ προσήκειν, ὅταν τις φανερῶς ἐξελέγχηται, μεταστρέψαντα τὰς αἰτίας ἐγκαλεῖν καὶ διαβάλλειν· ἀλλʼ ἐκείνων μέν, εἴπερ ἀδικεῖται, δῆλον ὅτι δίκην λήψεται, τούτων δὲ δώσει· πῶς γὰρ ἂν ἐγὼ νῦν ταῖς τούτων διαβολαῖς ἀντιδικοίην, ἀφεὶς ὑπὲρ ὧν ὑμεῖς μέλλετε τὴν ψῆφον οἴσειν;
But I, men of the jury, first indeed do not think such a defense is just, nor that it is fitting, when someone is clearly convicted, to shift the accusations and make charges and slanders; but of those things indeed, if he is wronged, it is clear that he will obtain justice, while for these things he must pay the penalty; for how could I now contest his slanders, leaving aside the matters about which you are going to cast your vote?
§14ἔπειτα θαυμάζω τί δήποτε, εἴπερ ἀληθῆ καὶ δίκαιʼ εἶχεν ἐγκαλεῖν, βουλομένων ἡμᾶς τῶν φίλων διαλύειν καὶ πολλῶν λόγων γενομένων οὐχ οἷος ἦν ἐμμένειν οἷς ἐκεῖνοι γνοῖεν.
Next, I wonder why indeed, if he had true and just grounds for complaint, when our friends wished to settle our dispute and many discussions took place, he was not willing to abide by what they decided.
καίτοι τίνες ἂν ἄμεινον καὶ τῶν τούτου καὶ τῶν ἐμῶν ἐγκλημάτων τὰ μηδὲν ὄντʼ ἐξήλεγξαν τῶν παραγεγενημένων ἅπασι τούτοις, τῶν εἰδότων οὐδὲν ἧττον ἡμῶν τὰ γενόμενα, τῶν κοινῶν ἀμφοτέροις καὶ φίλων ὄντων;
And yet who would have better exposed the groundless nature of both his charges and mine than those who were present at all these things, who knew what had happened no less than we did, and who were mutual friends to both of us?
§15ἀλλὰ δῆλον ὅτι τούτῳ ταῦτʼ οὐκ ἐλυσιτέλει, φανερῶς ὑπʼ αὐτῶν ἐξελεγχομένῳ τοῦτον τὸν τρόπον λαβεῖν διάλυσιν· μὴ γὰρ οἴεσθʼ, ὦ ἄνδρες δικασταί, τοὺς εἰδότας ἅπαντα ταῦτα νυνὶ μὲν ὑποκινδύνους αὑτοὺς καθιστάντας ἐμοὶ μαρτυρεῖν, τότε δʼ ἂν ὀμόσαντας ἄλλο τι γνῶναι περὶ αὐτῶν.
But it is clear that this was not advantageous to him, since he would be openly exposed by them, to obtain a settlement in this manner; for do not think, men of the jury, that those who know all these things, while they now make themselves run a risk to testify for me, would then have sworn and decided otherwise about them.
οὐ μὴν ἀλλʼ εἰ καὶ μηδὲν τούτων ὑπῆρχεν ὑμῖν, οὐδʼ ὣς χαλεπόν ἐστιν γνῶναι περὶ αὐτῶν, ὁπότεροι τἀληθῆ λέγουσιν.
Nevertheless, even if none of these things were available to you, not even so is it difficult to decide about them, which of the two speak the truth.
§16περὶ μὲν γὰρ τῆς οἰκίας, εἰ φησὶν ὑπʼ ἐμοῦ πεισθέντα Πολύευκτον προστάξαι τοὺς ὅρους στῆσαι τῶν χιλιῶν, ἀλλʼ οὐ δήπου καὶ τοὺς μάρτυρας ἔπεισα, ὦ Σπουδία, ψευδῆ μοι μαρτυρεῖν, τοὺς παραγενομένους ὅτʼ ἠγγύα μοι, τοὺς εἰδότας ἔλαττόν με κομισάμενον, τοὺς ἀκούοντας ὁμολογοῦντος ὀφείλειν ἐμοὶ συστήσαντος ἀποδοῦναι, τοὺς τὸ τελευταῖον ταῖς διαθήκαις παραγενομένους· τούτοις γὰρ ἅπασιν οὐκέτι καταχαρίσασθαι ταῦθʼ ὑπῆρχεν, ἀλλὰ κινδυνεύειν τῶν ψευδομαρτυρίων, εἰ μηδὲν τῶν γενομένων μαρτυροῖεν.
For concerning the house, if he says that Polyeuctus, persuaded by me, ordered the boundary-stones of the thousand to be set up, yet surely, Spudias, I did not also persuade the witnesses to bear false witness for me—those who were present when he betrothed her to me, those who knew that I recovered less, those who heard him admit that he owed it to me and introduce him to pay it back, and those who finally were present at the making of the will; for all these indeed could no longer do this as a favor, but would run the risk of false witness if they did not testify to what had happened.
ἀφῶμεν τοίνυν τοῦτʼ ἤδη.
So let us dismiss this now.