§33βούλομαι δὲ καὶ περὶ τῶν ἄλλων ἁπάντων ὧν εἴρηκα μαρτυρίας ὑμῖν παρασχέσθαι, πρώτιστον μὲν τὸ ἐξ ἀρχῆς ὅτι ἐγὼ καὶ οὗτος ἡμῖν αὐτοῖς δικάσαντες ἐνειμάμεθα τὸ ἴσον ἑκάτερος τῆς φανερᾶς οὐσίας ἧς Κόμων κατέλιπεν.
I wish to present testimonies to you also concerning all the other things I have spoken of, and first of all, that from the beginning this man and I, having decided by ourselves, divided equally between us the visible property which Comon left.
καί μοι λαβὲ ταύτην τὴν μαρτυρίαν πρῶτον, ἔπειτα τὰς ἄλλας ἁπάσας ἀναγίγνωσκε.
Please take this testimony first, and then read all the others.
ΜΑΡΤΥΡΙΑ. §34λαβὲ δή μοι καὶ τὴν πρόκλησιν, ἣν προὐκαλεσάμην αὐτὸν περὶ τοῦ ἀργυρίου οὗ ἔλαβεν παρὰ τοῦ ἀνθρώπου τοῦ βασανισθέντος.
TESTIMONY Take also, please, the challenge which I served on him concerning the money which he received from the tortured man.
ΠΡΟΚΛΗΣΙΣ.
ἀναγίγνωσκε δὲ καὶ τὴν ἑτέραν μαρτυρίαν, ὅτι, ἐπειδὴ ἐπεδικάσαντο οἱ ἀντίδικοι ἡμῶν, ἅπαντα παρέλαβον ὅσα ἡμεῖς εἴχομεν, πλὴν τῶν χρημάτων ὧν εἶχεν Ὀλυμπιόδωρος παρὰ τοῦ βασανισθέντος ἀνθρώπου.
CHALLENGE And read also the other testimony, that when our opponents had been adjudged the estate, they took all that we held, except the money which Olympiodorus held from the tortured man.
ΜΑΡΤΥΡΙΑ. §35ὃν μὲν τρόπον, ὦ ἄνδρες δικασταί, ἐξ ἀρχῆς διενειμάμεθα τὴν Κόμωνος οὐσίαν τὴν φανερὰν ἐγὼ καὶ Ὀλυμπιόδωρος, καὶ λόγῳ ἀκηκόατε καὶ μεμαρτύρηται ὑμῖν, καὶ ὡς οὗτος τὸ ἀργύριον ἔλαβεν παρὰ τοῦ ἀνθρώπου τοῦ οἰκέτου, καὶ ὅτι οἱ ἐπιδικασάμενοι ἔλαβον ὅσα ἡμεῖς εἴχομεν, ἕως οὑτοσὶ πάλιν ἐνίκησεν ἐν τῷ δικαστηρίῳ.
TESTIMONY In what manner, gentlemen of the jury, Olympiodorus and I from the beginning divided Comon's visible property, you have heard both by word of mouth and it has been testified to you; and also that this man received the money from the slave, and that those who were adjudged the estate took all that we held, until this man won again in the court.
§36ἃ δὲ λέγων οὐκ ἀποδίδωσίν μοι οὐδʼ ἐθέλει τῶν δικαίων οὐδʼ ὁτιοῦν ποιεῖν, τούτοις ἤδη προσέχετε τὸν νοῦν, ὦ ἄνδρες δικασταί, ἵνα μὴ αὐτίκα ἐξαπατήσωσιν ὑμᾶς οἱ ῥήτορες, οὓς οὑτοσὶ παρεσκεύασται ἐπʼ ἐμέ.
But as to what excuses he makes for not paying me back and for being unwilling to do any of the just things, pay attention to these now, gentlemen of the jury, so that the speakers whom this man has prepared against me may not deceive you presently.
λέγει μὲν οὗτος οὐδέποτε ταὐτά, ἀλλʼ ὅ τι ἂν τύχῃ ἀεί, καὶ περιιὼν προφάσεις ἀτόπους τινὰς καὶ ὑπονοίας καὶ αἰτίας ψευδεῖς ἐπιφέρει, καὶ περὶ τὸ πρᾶγμα ὅλον ἄδικός ἐστιν ἄνθρωπος.
This man never says the same things, but always whatever happens to come into his head, and going about he brings forward strange pretexts and suspicions and false accusations, and is an unjust man regarding the whole matter.
§37πλεῖστοι δὲ αὐτοῦ ἀκηκόασιν λέγοντος, οἱ μὲν ὅτι τὸ παράπαν οὐκ ἔλαβε τὸ ἀργύριον παρὰ τοῦ ἀνθρώπου· ἐπειδὰν δὲ τοῦτο ἐξελέγχηται, πάλιν λέγει ὅτι παρὰ τοῦ αὑτοῦ ἀνθρώπου ἔχει τὸ ἀργύριον, καὶ οὐ μεταδώσει ἐμοὶ οὔτε τοῦ ἀργυρίου οὔτε τῶν ἄλλων οὐδενὸς ὧν κατέλιπε Κόμων.
And very many people have heard him saying, to some, that he did not receive the money from the man at all; but when this is refuted, he says again that he has the money from the same man, and that he will not share with me either the money or any of the other things which Comon left.
§38ἐπειδὰν δέ τις αὐτὸν τῶν ἐπιτηδείων τῶν τούτου καὶ τῶν ἐμῶν ἐρωτᾷ, διὰ τί οὐκ ἀποδώσει ὀμωμοκὼς ἰσομοιρήσειν καὶ τῶν συνθηκῶν ἔτι νυνὶ κειμένων, φησί με παραβεβηκέναι τὰς συνθήκας, καὶ δεινὰ πεπονθέναι ὑπʼ ἐμοῦ, καὶ διατελέσαι μέ φησιν ὑπεναντία καὶ λέγοντα καὶ πράττοντα ἑαυτῷ.
And whenever any of his intimate friends or mine asks him why he will not pay it back, when he has sworn to share equally and the agreement is still now deposited, he says that I have violated the agreement, and that he has been treated outrageously by me, and he says that I have continually spoken and acted in opposition to him.
καὶ ἃ μὲν προφασίζεται, ταῦτʼ ἔστιν.
These are the pretexts he makes.
§39ἃ μὲν οὖν, ὦ ἄνδρες δικασταί, οὗτος λέγει, ὑπόνοιαι πλασταί εἰσιν καὶ προφάσεις ἄδικοι καὶ πονηρίαι ἐπὶ τῷ ἀποστερῆσαι ἃ προσήκει αὐτὸν ἀποδοῦναι ἐμοί.
Now, gentlemen of the jury, the things this man says are fabricated suspicions, unjust pretexts, and villainies to deprive me of what he ought to pay back to me.
ἃ δὲ ἐγὼ ἐρῶ πρὸς ὑμᾶς, ὅτι οὗτος ψεύδεται, ταῦτα δὲ ὑπόνοια οὐδεμία ἔσται, φανερῶς δὲ ἐπιδείξω τὴν τούτου ἀναισχυντίαν, τεκμήρια λέγων ἀληθινὰ καὶ πᾶσι γνώριμα, καὶ μάρτυρας παρεχόμενος περὶ ἁπάντων.
But what I shall say to you, to prove that he is lying, will be no matter of suspicion, but I shall clearly demonstrate his impudence, speaking of true facts known to all, and producing witnesses for everything.
§40πρῶτον μὲν οὖν, ὦ ἄνδρες δικασταί, λέγω ὅτι οὗτος διὰ τοῦτο τοῖς οἰκείοις καὶ τοῖς ἐπιτηδείοις τοῖς ἑαυτοῦ καὶ τοῖς ἐμοῖς, τοῖς εἰδόσιν ἀκριβῶς ἅπαντα ταῦτα τὰ πράγματα ὡς ἔχει καὶ παρηκολουθηκόσιν ἐξ ἀρχῆς, οὐκ ἠθέλησεν ἐπιτρέψαι· ἀκριβῶς ᾔδει ὅτι εὐθὺς παραχρῆμα ὑπʼ αὐτῶν ἐξελεγχθήσεται, ἐάν τι ψεύδηται· νυνὶ δʼ ἴσως ἡγεῖται ψευδόμενος ἐν ὑμῖν λήσειν.
In the first place, gentlemen of the jury, I say that it was for this reason that he was unwilling to refer the matter to his own relatives and friends and mine, who knew all these transactions accurately and had followed them from the beginning; for he knew accurately that he would be refuted by them on the spot if he lied in any way; but now he thinks, perhaps, that by lying he will escape your notice.
§41πάλιν λέγω ὅτι οὐκ ἀκόλουθόν ἐστιν ὑπεναντία μὲν πράττειν σοι, ὦ Ὀλυμπιόδωρε, ἐμέ, κοινῇ δὲ ἀναλίσκειν μετὰ σοῦ εἰς ὅ τι ἀεὶ δέοι, οὐδὲ ἐκλιπεῖν τὴν ἀμφισβήτησιν αὐτὸν ἑκόντα, ὅτε ἀπεδήμεις σύ, ἐπειδὴ καὶ ἡ σὴ διεγράφη δόξαντός σου ἕνεκα τῆς δίκης ἀπεῖναι καὶ οὐ δημοσίᾳ.
Again I say that it is not consistent that I should act in opposition to you, Olympiodorus, and yet spend money in common with you for whatever was always necessary, nor that I should voluntarily abandon the claim when you were abroad, after your claim had been struck out because you were judged to be absent on account of the lawsuit and not on public service.
ἐξῆν γὰρ ἔμοιγε τοῦ ἡμικληρίου ἐπιδικάσασθαι ἐμαυτῷ· οὐδεὶς γάρ μοι ἀνθρώπων ἀντέλεγεν, ἀλλὰ συνεχώρουν αὐτοὶ οἱ ἀντίδικοι.
For it was open to me to have half the estate adjudged to myself; for no man opposed me, but the opponents themselves agreed to it.
§42ἀλλὰ ταῦτα ποιήσας εὐθὺς ἂν ἦν ἐπιωρκηκώς· ὤμοσα γὰρ καὶ συνεθέμην πρὸς σὲ κοινῇ πράξειν ἅπαντα, ὅ τι ἂν δοκῇ ἐμοὶ καὶ σοὶ βουλευομένοις βέλτιστον εἶναι.
But if I had done this, I should at once have been guilty of perjury; for I swore and agreed with you to do everything in common, whatever should seem best to you and me as we consulted.
ὥστε ὑπεραβέλτεροί εἰσιν αἱ προφάσεις καὶ αἰτίαι, διʼ ἃς οὐδέν μοι φὴς ποιήσειν τῶν δικαίων.
Therefore, the pretexts and accusations on account of which you say you will do none of the just things toward me are utterly foolish.