§9ὡς τοίνυν καὶ παρʼ ἕτερον νόμον μεμαρτύρηκεν, ἐπιδεῖξαι ὑμῖν βούλομαι, ἵνα εἰδῆτε ὅτι μεγάλων ἀδικημάτων οὐκ ἔχων καταφυγὴν ὁ Φορμίων, πρόφασιν λαβὼν λόγῳ τὴν πρόκλησιν, ἔργῳ αὐτὸς αὑτῷ μεμαρτύρηκε προστησάμενος τούτους, διʼ ὧν οἱ μὲν δικασταὶ ἐξηπατήθησαν ὡς ἀληθῆ τούτων μαρτυρούντων, ἐγὼ δὲ ἀπεστερήθην ὧν ὁ πατήρ μοι κατέλιπεν χρημάτων καὶ τοῦ δίκην λαβεῖν περὶ ὧν ἀδικοῦμαι.
Now, I wish to show you that he has also testified in violation of another law, so that you may know that Phormion, having no refuge from his great wrongdoings, used the challenge as a pretext in word, but in deed testified for himself by putting these men forward. Through them, the jurors were deceived into thinking that these men were testifying to the truth, while I was deprived of the money my father left me and of the opportunity to obtain justice for the wrongs I have suffered.
μαρτυρεῖν γὰρ οἱ νόμοι οὐκ ἐῶσιν αὐτὸν αὑτῷ οὔτʼ ἐπὶ ταῖς γραφαῖς οὔτʼ ἐπὶ ταῖς δίκαις οὔτʼ ἐν ταῖς εὐθύναις.
For the laws do not allow a man to testify for himself, either in public prosecutions, or in private suits, or in the audits of public officials.
ὁ τοίνυν Φορμίων αὐτὸς αὑτῷ μεμαρτύρηκεν, ὁπότε φασὶν οὗτοι ἀκούσαντες ἐκείνου ταῦτα μεμαρτυρηκέναι.
Phormion, therefore, has testified for himself, since these men say that they testified to these things having heard them from him.
§10ἵνα δὲ εἰδῆτε ἀκριβῶς, αὐτὸν τὸν νόμον μοι ἀνάγνωθι.
And so that you may know this for certain, read the law itself for me.
ΝΟΜΟΣ.
"τοῖν ἀντιδίκοιν ἐπάναγκες εἶναι ἀποκρίνασθαι ἀλλήλοις τὸ ἐρωτώμενον, μαρτυρεῖν δὲ μή. "
σκέψασθε τοίνυν τουτονὶ τὸν νόμον, ὃς κελεύει ὑποδίκους εἶναι τῶν ψευδομαρτυρίων καὶ κατʼ αὐτὸ τοῦτο, ὅτι μαρτυρεῖ παρὰ τὸν νόμον.
LAW "The opposing parties shall be compelled to answer each other's questions, but they shall not testify." Now consider this law, which ordains that a witness shall be liable for false testimony for this very reason: that he testifies in violation of the law.
ΝΟΜΟΣ.
"ἔστω δὲ καὶ ὑπόδικος τῶν ψευδομαρτυρίων ὁ μαρτυρήσας αὐτοῦ τούτου, ὅτι μαρτυρεῖ παρὰ τὸν νόμον· καὶ ὁ προβαλόμενος κατὰ ταὐτά. " §11ἔτι τοίνυν κἂν ἀπὸ τοῦ γραμματείου γνοίη τις, ἐν ᾧ ἡ μαρτυρία γέγραπται, ὅτι τὰ ψευδῆ μεμαρτύρηκεν.
LAW "And let the witness also be liable for false testimony for this very reason: that he testifies in violation of the law; and let the person who produced him be liable in the same manner." Furthermore, one could know even from the document in which the testimony is written that he has given false testimony.
λελευκωμένον τε γάρ ἐστιν καὶ οἴκοθεν κατεσκευασμένον.
For it is whitened and prepared at home.
καίτοι τοὺς μὲν τὰ πεπραγμένα μαρτυροῦντας προσήκει οἴκοθεν τὰς μαρτυρίας κατεσκευασμένας μαρτυρεῖν, τοὺς δὲ τὰς προκλήσεις μαρτυροῦντας, τοὺς ἀπὸ ταὐτομάτου προσστάντας, ἐν μάλθῃ γεγραμμένην τὴν μαρτυρίαν, ἵνα, ἐάν τι προσγράψαι ἢ ἀπαλεῖψαι βουληθῇ, ῥᾴδιον ᾖ.
Yet, while it is proper for those who testify to actual facts to testify with testimonies prepared at home, those who testify to challenges—having stood by by chance—ought to present their testimony written on a wax tablet, so that, if they wish to add or erase anything, it may be easy.
§12οὐκοῦν κατὰ μὲν ταῦτα πάντα ἐξελέγχεται τὰ ψευδῆ μεμαρτυρηκὼς καὶ παρὰ τὸν νόμον·
Therefore, on all these grounds, he is convicted of having given false and illegal testimony.
βούλομαι δʼ ὑμῖν καὶ αὐτὸ τοῦτο ἐπιδεῖξαι, ὡς οὔτε διέθετο ὁ πατὴρ ἡμῶν διαθήκην οὐδεμίαν οὔθʼ οἱ νόμοι ἐῶσιν.
But I wish also to show you this very point, that our father neither made any will nor do the laws permit it.
εἰ γάρ τις ἔροιτο ὑμᾶς, καθʼ ὁποίους νόμους δεῖ πολιτεύεσθαι ἡμᾶς, δῆλον ὅτι ἀποκρίναισθʼ ἂν κατὰ τοὺς κειμένους.
For if anyone were to ask you under what laws we ought to live as citizens, you would clearly answer: under the established laws.
ἀλλὰ μὴν οἵ γε νόμοι ἀπαγορεύουσι
μηδὲ νόμον ἐξεῖναι ἐπʼ ἀνδρὶ θεῖναι, ἂν μὴ τὸν αὐτὸν ἐφʼ ἅπασιν Ἀθηναίοις
.
Yet the laws expressly forbid this: Nor shall it be permitted to pass a law applying to an individual, unless it applies to all Athenians alike.
§13οὐκοῦν ὁ μὲν νόμος οὑτοσὶ τοῖς αὐτοῖς νόμοις πολιτεύεσθαι ἡμᾶς κελεύει καὶ οὐκ ἄλλους ἄλλοις.
This law, then, bids us live under the same laws, and not different ones for different people.
ὁ δὲ πατὴρ ἐτελεύτησεν ἐπὶ Δυσνικήτου ἄρχοντος, ὁ δὲ Φορμίων Ἀθηναῖος ἐγένετο ἐπὶ Νικοφήμου ἄρχοντος, δεκάτῳ ἔτει ὕστερον ἢ ὁ πατὴρ ἡμῶν ἀπέθανεν.
Now, our father died when Dysniketos was archon, but Phormion became an Athenian citizen when Nikophemos was archon, ten years after our father died.
πῶς ἂν οὖν μὴ εἰδὼς ὁ πατὴρ αὐτὸν Ἀθηναῖον ἐσόμενον, ἔδωκεν ἂν τὴν ἑαυτοῦ γυναῖκα, καὶ προὐπηλάκισε μὲν ἂν ἡμᾶς, κατεφρόνησε δʼ ἂν τῆς δωρεᾶς ἧς παρʼ ὑμῶν ἔλαβεν, παρεῖδε δʼ ἂν τοὺς νόμους;
How then, since our father could not have known that he was going to be an Athenian citizen, would he have given him his own wife, and have insulted us, and have despised the gift of citizenship which he received from you, and have disregarded the laws?
πότερα δὲ κάλλιον ἦν αὐτῷ ζῶντι πρᾶξαι ταῦτα, εἴπερ ἐβούλετο, ἢ ἀποθανόντα διαθήκας καταλιπεῖν, ἃς οὐ κύριος ἦν;
And would it have been better for him to do these things while alive, if he so wished, or to leave behind a will after his death which he had no authority to make?
§14ἀλλὰ μὴν αὐτῶν τῶν νόμων ἀκούσαντες γνώσεσθε, ὡς οὐ κύριος ἦν διαθέσθαι.
Indeed, by hearing the laws themselves, you will know that he had no authority to make a will.
λέγε τὸν νόμον.
Read the law.
ΝΟΜΟΣ.
"ὅσοι μὴ ἐπεποίηντο, ὥστε μήτε ἀπειπεῖν μήτʼ ἐπιδικάσασθαι, ὅτε Σόλων εἰσῄει τὴν ἀρχήν, τὰ ἑαυτοῦ διαθέσθαι εἶναι ὅπως ἂν ἐθέλῃ, ἂν μὴ παῖδες ὦσι γνήσιοι ἄρρενες, ἂν μὴ μανιῶν ἢ γήρως ἢ φαρμάκων ἢ νόσου ἕνεκα, ἢ γυναικὶ πειθόμενος, ὑπὸ τούτων του παρανοῶν, ἢ ὑπʼ ἀνάγκης ἢ ὑπὸ δεσμοῦ καταληφθείς. "
LAW "All those who had not been adopted, so as neither to renounce nor to claim an inheritance by law when Solon entered office, shall have the right to dispose of their own property as they wish, provided they have no legitimate male children, and provided they are not acting under the influence of madness, old age, drugs, or disease, or under the influence of a woman, being of unsound mind from any of these causes, or under constraint, or held in confinement."