§25ἐπειδὴ δὲ ἐκάλει ὁ ἄρχων εἰς τὸ δικαστήριον ἅπαντας τοὺς ἀμφισβητοῦντας κατὰ τὸν νόμον, ὑπωμοσάμεθα ἡμεῖς τουτονὶ Ὀλυμπιόδωρον δημοσίᾳ ἀπεῖναι στρατευόμενον.
But when the archon, in accordance with the law, summoned all the claimants to the court, we made an oath that Olympiodorus here was absent on public military service.
ὑπομοθέντος δὲ τούτου ἀνθυπωμόσαντο οἱ ἀντίδικοι, καὶ διαβάλλοντες Ὀλυμπιόδωρον τουτονί, ὕστεροι ἡμῶν λέγοντες, ἔπεισαν τοὺς δικαστὰς ψηφίσασθαι τῆς δίκης ἕνεκα ἀπεῖναι τουτονὶ καὶ οὐ δημοσίᾳ.
But when this oath was made, the opponents made a counter-oath, and by slandering Olympiodorus here and speaking after us, they persuaded the jurors to vote that he was absent because of the lawsuit, and not on public service.
§26ψηφισαμένων δὲ ταῦτα τῶν δικαστῶν διέγραψεν ὁ ἄρχων Πυθόδοτος κατὰ τὸν νόμον τὴν τουτουὶ Ὀλυμπιοδώρου ἀμφισβήτησιν.
When the jurors had voted this, the archon Pythodotus, in accordance with the law, struck out the claim of Olympiodorus here.
διαγραφείσης δὲ ταύτης, ἐξ ἀνάγκης καὶ ἐμοὶ ἦν ἐκλιπεῖν τὴν τοῦ ἡμικληρίου ἀμφισβήτησιν.
And when this was struck out, it was necessary for me also to abandon the claim to half the estate.
γενομένων δὲ τούτων ἐπεδίκασεν ὁ ἄρχων τοῖς ἀντιδίκοις τοῖς ἡμετέροις τὸν κλῆρον τὸν Κόμωνος· ταῦτα γὰρ οἱ νόμοι αὐτὸν ἠνάγκαζον ποιεῖν.
These things having occurred, the archon adjudged the estate of Comon to our opponents; for the laws compelled him to do this.
§27ἐπειδὴ δὲ ἐπεδικάσαντο, εὐθὺς εἰς Πειραιᾶ ἐλθόντες παρελάμβανον πάντα ὅσα ἡμῶν εἶχεν ἑκάτερος νειμάμενος ἐν τῇ μερίδι.
And when they had been adjudged the estate, they immediately went to Piraeus and took possession of all that each of us held, having divided it in his share.
κἀγὼ μὲν ἐπιδημῶν αὐτὸς παρέδωκα (ἀνάγκη γὰρ ἦν πείθεσθαι τοῖς νόμοις), τὰ δὲ Ὀλυμπιοδώρου, ἀποδημοῦντος τούτου, ἅπαντα ᾤχοντο λαβόντες, πλὴν τοῦ ἀργυρίου οὗ εἶχεν αὐτὸς παρὰ τοῦ ἀνθρώπου τοῦ οἰκέτου, ὃν ἐβασάνισεν· οὐ γὰρ εἶχον ὅπου ἐπιλάβοιντο τοῦ ἀργυρίου.
And I, being in town, surrendered my portion myself (for it was necessary to obey the laws); but as for the property of Olympiodorus, since he was abroad, they went off taking everything, except the money which he himself held from the slave whom he had tortured; for they did not know where they could lay hands on that money.
§28καὶ τὰ μὲν πραχθέντα ταῦτʼ ἦν ἐν τῇ ἀποδημίᾳ τῇ Ὀλυμπιοδώρου, καὶ τῆς κοινωνίας τῆς πρὸς τοῦτον ταῦτα ἐγὼ ἀπέλαυσα.
These, then, were the things done during the absence of Olympiodorus, and these were the fruits I reaped from my partnership with him.
ἐπειδὴ δὲ ἐπεδήμησεν οὗτος καὶ οἱ ἄλλοι στρατιῶται, ἠγανάκτει Ὀλυμπιόδωρος οὑτοσί, ὦ ἄνδρες δικασταί, ἐπὶ τοῖς συμβεβηκόσι, καὶ ἡγεῖτο δεινὰ πεπονθέναι.
But when he and the other soldiers returned, Olympiodorus here, gentlemen of the jury, was indignant at what had happened, and thought he had been treated outrageously.
ἐπειδὴ δὲ μεστὸς ἐγένετο ἀγανακτῶν, ἐσκοποῦμεν πάλιν καὶ ἐβουλευόμεθα κοινῇ ἐγὼ καὶ Ὀλυμπιόδωρος οὑτοσί, ὅντινα τρόπον τούτων τι πάλιν κομιούμεθα.
And when he was full of indignation, we again considered and consulted in common, I and Olympiodorus here, in what way we might recover some of these things.
§29καὶ ἐδόκει ἡμῖν βουλευομένοις προσκαλεῖσθαι τοὺς ἐπιδεδικασμένους κατὰ τὸν νόμον, καὶ ἐκ τῶν ὑπαρχόντων ἀσφαλέστατον εἶναι μὴ ἐν τῷ αὐτῷ ἡμᾶς ἀμφοτέρους τὸν κίνδυνον ποιεῖσθαι πρὸς τοὺς ἀμφισβητοῦντας, ἀλλὰ χωρὶς ἑκάτερον, καὶ τουτονὶ μὲν Ὀλυμπιόδωρον ὅλου τοῦ κλήρου λαχεῖν, ὥσπερ τὸ πρότερον, καὶ ἀγωνίζεσθαι καθʼ αὑτόν, ἐμὲ δὲ τοῦ ἡμικληρίου, ἐπειδὴ καὶ Κάλλιππος ὁ ἀδελφὸς ὁ ἐμὸς τοῦ ἡμικληρίου μόνον ἠμφεσβήτει, §30ὅπως, ἐὰν μὲν Ὀλυμπιόδωρος οὑτοσὶ ἐπιτύχῃ τοῦ ἀγῶνος, ἐγὼ κατὰ τὰς συνθήκας καὶ τοὺς ὅρκους πάλιν τὸ μέρος λάβοιμι παρὰ τούτου, ἐὰν δʼ ἄρα ἀποτύχῃ καὶ τὰ ἕτερα ψηφίσωνται οἱ δικασταί, οὗτος παρʼ ἐμοῦ καλῶς καὶ δικαίως ἀπολαμβάνοι, ὥσπερ ὠμόσαμεν ἀλλήλοις καὶ συνεθέμεθα.
And as we consulted, it seemed best to us to summon those to whom the estate had been adjudged in accordance with the law, and that under the circumstances it was safest for both of us not to run the risk in the same suit against the claimants, but each separately; and that Olympiodorus here should bring suit for the whole estate, as before, and contest it by himself, and I for half the estate, since my brother Callippus also was claiming only half the estate, so that, if Olympiodorus here should succeed in the suit, I might receive my share back from him in accordance with the agreement and the oaths, and if, after all, he should fail and the jurors should vote otherwise, he might in a proper and just manner receive his share from me, just as we swore and agreed with each other.
ἐπειδὴ δὲ ταῦτʼ ἐβουλευσάμεθα καὶ ἐδόκει ἀσφαλέστατʼ εἶναι καὶ ἐμοὶ καὶ Ὀλυμπιοδώρῳ, προσεκλήθησαν ἅπαντες οἱ ἔχοντες τὰ τοῦ Κόμωνος κατὰ τὸν νόμον.
When we had decided on this and it seemed to be safest both for me and for Olympiodorus, all those who held Comon's property were summoned in accordance with the law.
καί μοι ἀνάγνωθι τὸν νόμον, καθʼ ὃν ἡ πρόσκλησις ἐγένετο. ΝΟΜΟΣ. §31κατὰ τὸν νόμον τοῦτον, ὦ ἄνδρες δικασταί, ἡ πρόσκλησις ἐγένετο, καὶ τὰς ἀμφισβητήσεις ἀντεγραψάμεθα, ὃν τρόπον τουτῳὶ ἐδόκει Ὀλυμπιοδώρῳ.
Read me the law, please, according to which the summons was made. [LAW] In accordance with this law, gentlemen of the jury, the summons was made, and we filed our claims in the manner that pleased Olympiodorus here.
καὶ μετὰ ταῦτα ὁ ἄρχων ἀνέκρινε πᾶσιν ἡμῖν τοῖς ἀμφισβητοῦσιν, καὶ ἀνακρίνας εἰσήγαγεν εἰς τὸ δικαστήριον.
After this, the archon held a preliminary hearing for all of us claimants, and having done so, introduced the case into the court.
καὶ οὑτοσὶ Ὀλυμπιόδωρος ἠγωνίζετο πρῶτος, καὶ ἔλεγεν ὅ τι ἐβούλετο, καὶ μαρτυρίας παρείχετο ἃς ἐδόκει τούτῳ· κἀγώ, ὦ ἄνδρες δικασταί, σιωπῇ ἐκαθήμην ἐπὶ τοῦ ἑτέρου βήματος.
And Olympiodorus here pleaded first, and said whatever he wished, and produced such testimonies as he pleased; and I, gentlemen of the jury, sat in silence on the other platform.
τοῦτον δὲ τὸν τρόπον κατασκευασθέντος τοῦ ἀγῶνος ἐνίκησεν ῥᾳδίως.
The contest having been arranged in this manner, he won easily.
§32νικήσας δὲ καὶ διαπραξαμένων ἅπαντα ὅσα ἐβουλήθημεν ἐν τῷ δικαστηρίῳ, καὶ ἀπολαβὼν παρὰ τῶν πρότερον ἐπιδικασαμένων ὅσα ἦσαν ἐκεῖνοι παρʼ ἡμῶν εἰληφότες, ταῦτα δὴ πάντα ἔχων καὶ τὸ ἀργύριον ὃ ἔλαβεν παρὰ τοῦ ἀνθρώπου τοῦ βασανισθέντος, οὐδʼ ὁτιοῦν ἠθέληκεν τῶν δικαίων πρός με ποιῆσαι, ἀλλʼ ἔχει αὐτὸς ἅπαντα, ὀμωμοκὼς καὶ συνθήκας πρός με ποιησάμενος ἦ μὴν ἰσομοιρήσειν.
But having won, and when we had accomplished all that we wished in the court, and when he had recovered from those to whom the estate had previously been adjudged all that they had taken from us, though he holds all these things and also the money which he received from the tortured man, he has been unwilling to do any of the just things toward me, but holds everything himself, although he swore and made an agreement with me that he would share equally.
καὶ αἱ συνθῆκαι αὗται ἔτι καὶ νῦν κεῖνται παρὰ τῷ Ἀνδροκλείδῃ, καὶ μεμαρτύρηκεν αὐτὸς πρὸς ὑμᾶς.
And this agreement is still to this day deposited with Androclides, and he himself has testified to you.