§42ἐγὼ τοίνυν, ὦ ἄνδρες δικασταί, πρὸς τῇ μαρτυρίᾳ, ἣν παρέσχημαι ὑμῖν μαρτυροῦντας τοὺς δόντας τὸ ἀργύριον οἷς οὗτος ἐκέλευσεν καὶ καθημένους ἐπὶ τῇ τραπέζῃ τότε, καὶ πίστιν ἠθέλησα ἐπιθεῖναι, ἣν ἀναγνώσεται ὑμῖν. ΟΡΚΟΣ.
οὐ τοίνυν, ὦ ἄνδρες δικασταί, γράψας μοι ὁ πατὴρ κατέλιπεν τὰ χρέα μόνον, ἀλλὰ καὶ ἔλεγεν ἀρρωστῶν ὅ τι ὀφείλοιτο αὐτῷ ἕκαστον, καὶ παρʼ ᾧ, καὶ εἰς ὅ τι ἐλήφθη τὸ ἀργύριον, καὶ τῷ ἀδελφῷ τῷ ἐμῷ.
Therefore, men of the jury, in addition to the deposition which I have produced to you of those who paid the money to the persons whom this man ordered, and who were then sitting at the bank, I also wished to tender an oath, which he will read to you. ΟΡΚΟΣ. Moreover, men of the jury, my father did not merely leave behind the debts to me in writing, but when he was ill, he also told both me and my brother what was owed to him in each case, by whom, and for what purpose the money was received.
καὶ ὡς ταῦτʼ ἀληθῆ λέγω, ἀνάγνωθί μοι τὴν μαρτυρίαν τοῦ ἀδελφοῦ. ΜΑΡΤΥΡΙΑ.
And to show that I speak the truth in this, read, please, the deposition of my brother. ΜΑΡΤΥΡΙΑ.
§43ὡς μὲν τοίνυν κατελείφθη ὀφείλων Τιμόθεος ἡμῖν τὸ ἀργύριον ὑπὸ τοῦ πατρός, οὗ δικάζομαι αὐτῷ, καὶ γίγνεται ἐμὸν τὸ μέρος, ὅ τε ἀδελφός μοι μεμαρτύρηκεν καὶ ὁ Φορμίων ὁ δοὺς τὸ ἀργύριον, κἀγὼ τούτων πίστιν ἠθέλησα ἐπιθεῖναι.
Now, that Timotheus was left by my father owing us the money for which I am suing him, and that my share of it is this, both my brother has testified and Phormion who paid the money, and I wished to tender an oath concerning these matters.
προκαλεσαμένου δὲ τούτου πρὸς τῷ διαιτητῇ καὶ κελεύοντος ἐνεγκεῖν τὰ γράμματα ἀπὸ τῆς τραπέζης καὶ ἀντίγραφα αἰτοῦντος, πέμψαντος Φρασιηρίδην ἐπὶ τὴν τράπεζαν, τῷ τε Φρασιηρίδῃ ἐξενέγκας ἔδωκα ζητεῖν τὰ γράμματα καὶ ἐκγράφεσθαι ὅσα οὗτος ὤφειλε, καὶ ὡς ὡμολόγει λαβεῖν οὗτος τὰ ἀντίγραφα, ἀνάγνωθί μοι τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.
But when this man made a challenge before the arbitrator and ordered me to bring the books from the bank and demanded copies, and sent Phrasiarides to the bank, I brought out the books and gave them to Phrasiarides to examine and to copy out all that this man owed; and to show that he admitted having received the copies, read the deposition. ΜΑΡΤΥΡΙΑ.
§44πρὸς τοίνυν τὸν διαιτητὴν κομίσαντός μου τὰ γράμματα, παρὼν ὁ Φορμίων καὶ ὁ Εὐφραῖος, οἱ δόντες τὸ ἀργύριον οἷς ἐκέλευσεν οὗτος, ἐξήλεγχον αὐτὸν ἐν οἷς τε χρόνοις ἕκαστον ἐδανείσατο, καὶ ὅστις ἔλαβε τὸ ἀργύριον, καὶ εἰς ἃ κατεχρήσατο.
When, therefore, I brought the books to the arbitrator, Phormion and Euphraeus, who had paid the money to the persons whom this man ordered, were present and refuted him, showing at what times he borrowed each sum, who received the money, and for what purposes he consumed it.
ὁ δὲ τὰς μὲν χιλίας καὶ τριακοσίας καὶ πεντήκοντα καὶ μίαν καὶ δύʼ ὀβολώ, ἃς πρώτας ἐδανείσατο τοῦ μουνιχιῶνος μηνὸς μέλλων ἐκπλεῖν ἐπὶ Σωκρατίδου ἄρχοντος, ἃς καὶ ἐκέλευσε δοῦναι Ἀντιμάχῳ τῷ ταμίᾳ τῷ ἑαυτοῦ, ἰδίᾳ ἔφη δανεῖσαι τὸν πατέρα Ἀντιμάχῳ καὶ οὐκ αὐτὸς λαβεῖν.
He, however, as to the thirteen hundred and fifty-one drachmae and two obols, which he first borrowed in the month of Munychion, when he was about to sail, in the archonship of Socratides, and which he ordered to be given to Antimachus, his treasurer, asserted that my father lent this money to Antimachus privately, and that he did not receive it himself.
§45καὶ ὡς μὲν ἀληθῆ λέγει, οὐδένα μάρτυρα παρέσχηται, λόγῳ δὲ καταχρῆται, ἵνα μὴ αὐτὸς δοκῇ ἀποστερεῖν ἀλλʼ Ἀντίμαχος δανείσασθαι.
And to show that he speaks the truth, he has produced no witness, but abuses this argument so that he himself may not seem to be robbing us, but that Antimachus may appear to have borrowed it.
καίτοι, ὦ ἄνδρες δικασταί, μέγα ὑμῖν ἐρῶ τεκμήριον ὅτι οὐκ Ἀντιμάχῳ ἐδάνεισεν ὁ πατὴρ τοῦτο τὸ ἀργύριον, ἀλλὰ Τιμοθέῳ περὶ ἀναγωγὴν ὄντι.
And yet, men of the jury, I will tell you a strong proof that my father did not lend this money to Antimachus, but to Timotheus when he was on the point of sailing.
πότερα γὰρ ἂν οἴεσθε ῥᾷον εἶναι τῷ πατρὶ δημευθέντων τῶν Ἀντιμάχου ἐνεπισκήψασθαι ἐν τῇ οὐσίᾳ τῇ ἐκείνου ἐνοφειλόμενον αὑτῷ τοῦτο τὸ ἀργύριον, εἴπερ Ἀντιμάχῳ ἐδάνεισεν, §46ἢ ἀναμένειν ὁπότε παρὰ τούτου κομιεῖσθαι ἔμελλεν εὐπορήσαντος, ὃς οὐ πολλὰς ἐλπίδας σωτηρίας περὶ αὑτοῦ εἶχεν ἐν ἐκείνῳ τῷ χρόνῳ;
For which do you think would have been easier for my father, when the property of Antimachus was confiscated, to enter a claim upon that estate for this money as owed to him, if indeed he had lent it to Antimachus, or to wait for the time when he was going to recover it from this man when he should be prosperous—a man who had no great hopes of safety for himself at that time?
καὶ μὴν ἐνεπισκηψάμενός γε οὔτʼ ἂν παρακαταβολῆς ἠπόρησεν οὔτʼ ἂν ἠπιστήθη ὑφʼ ὑμῶν (πάντες γὰρ ἴστε τὸν πατέρα τὸν ἐμὸν οὐ τῶν δημοσίων ἀδίκως ἐπιθυμοῦντα, ἀλλὰ τῶν αὑτοῦ ὑμῖν, ὅ τι κελεύσαιτε, προθύμως ἀναλίσκοντα), §47εἶτα καὶ ἐπιτηδείου ὄντος αὐτῷ Καλλιστράτου, ὅσπερ ἐδήμευσεν τὰ Ἀντιμάχου, ὥστε μηδὲν ἐναντιοῦσθαι.
Moreover, if he had entered a claim, he would neither have lacked the deposit-money, nor would he have been disbelieved by you (for you all know that my father did not unjustly covet public property, but eagerly spent his own on you, for whatever you might order), especially too as Callistratus, who confiscated the property of Antimachus, was his friend, so that there would have been no opposition.
ὥστε τί ἄν ποτε βουλόμενος ὁ πατὴρ ἐβούλετο Τιμόθεον χρήστην ἐγγράψας ἡμῖν καταλιπεῖν, εἴπερ μὴ ὤφειλεν τοῦτο τὸ ἀργύριον, μᾶλλον ἢ οὐκ ἐκ τῶν Ἀντιμάχου δημευθέντων ἐνεπισκηψάμενος κομίσασθαι;
So with what possible intent would my father have wished to leave Timotheus registered as our debtor, if he did not owe this money, rather than recover it by entering a claim against the confiscated property of Antimachus?
§48περὶ δὲ τῶν χιλίων δραχμῶν, ἃς ἐδανείσατο παρὰ τοῦ Ἀντιφάνους ἐν Καλαυρείᾳ, ἵνα διαδοίη τοῖς Βοιωτίοις τριηράρχοις, μέλλων καταπλεῖν ἐπὶ τὴν κρίσιν, ἃς καὶ ἀπέδωκεν Φιλίππῳ τῷ ναυκλήρῳ ἐνθάδε λαβὼν παρὰ τοῦ πατρὸς τοῦ ἐμοῦ, τὸν Βοιώτιον ναύαρχόν φησι δανείσασθαι, καὶ ὑποθεῖναι τούτου τοῦ ἀργυρίου τῷ πατρὶ τῷ ἐμῷ χαλκόν.
As for the thousand drachmae which he borrowed from Antiphanes in Calauria, in order that he might distribute them to the Boeotian trierarchs when he was about to sail home for his trial, which sum he also paid back to Philippus the shipowner here, having received it from my father, he asserts that the Boeotian admiral borrowed it, and that he laid down copper as security to my father for this money.