§16ὡς δὲ ἐγὼ μὲν ἀληθῆ λέγω, οὗτοι δὲ ψεύδονται, πρῶτον μὲν αὐτὸ ὑμῖν τοῦτο γενέσθω τεκμήριον, ὅτι κατεγνώκει ἂν αὐτοῦ ὁ Λυσιθείδης, καὶ ὅτι ἐγὼ ἐξούλης ἂν ἔφευγον νῦν, ἀλλʼ οὐκ ἀργυρίου δίκην·
As to the fact that I am telling the truth and they are lying, first let this very thing be a proof to you: that Lysitheides would have decided against my father, and that I should now be defending myself in an action of ejectment, and not in a suit for money.
πρὸς δὲ τούτῳ ἐγὼ ὑμῖν τοὺς παρόντας ἑκάστοτε τῷ πατρὶ ἐν ταῖς συνόδοις ταῖς πρὸς τοῦτον, αἳ παρὰ τῷ Λυσιθείδῃ ἐγίγνοντο, μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ. §17ὅτι μὲν οὐ προκαλεσάμενος εἰς ὅρκον τὸν πατέρα τότε, νυνὶ ἐκείνου τετελευτηκότος καταψεύδεται, καὶ κατʼ ἐμοῦ ῥᾳδίως τὰ ψευδῆ μαρτυροῦντας τοὺς οἰκείους τοὺς ἑαυτοῦ παρέχεται, ἔκ τε τῶν τεκμηρίων καὶ ἐκ τῆς μαρτυρίας ταύτης ῥᾴδιον ὑμῖν εἰδέναι.
In addition to this, I will produce to you as witnesses those who were present on each occasion with my father in his meetings with this man, which took place before Lysitheides. [WITNESSES] That he did not challenge my father to an oath at that time, but is now lying since my father is dead, and easily produces his own relatives to bear false witness against me, is easy for you to know both from the circumstantial evidence and from this testimony.
ὅτι δὲ ἐγὼ ὑπὲρ τοῦ πατρὸς ἠθέλησα αὐτῷ πίστιν δοῦναι ἥνπερ ὁ νόμος κελεύει, ἐάν τις τεθνεῶτι ἐπικαλῶν δικάζηται τῷ κληρονόμῳ, §18μὴ δοκεῖν μοι μήτε ὁμολογῆσαι τὸν πατέρα τούτῳ ἀποδώσειν τὸ ἀργύριον ὃ κατέλιπε Λύκων, μήτε συσταθῆναι αὐτὸν τῷ πατρὶ ὑπὸ τοῦ Λύκωνος, καὶ Φορμίων, ἦ μὴν διαλογίσασθαί τε ἐναντίον Ἀρχεβιάδου τῷ Λύκωνι αὐτὸς καὶ προσταχθῆναι αὑτῷ Κηφισιάδῃ ἀποδοῦναι τὸ ἀργύριον, τὸν δὲ Κηφισιάδην δεῖξαι αὑτῷ τὸν Ἀρχεβιάδην, §19καὶ ὅτε Κάλλιππος προσῆλθεν τὸ πρῶτον πρὸς τὴν τράπεζαν, λέγων ὅτι τετελευτηκὼς εἴη ὁ Λύκων καὶ αὐτὸς ἀξιοίη τὰ γράμματα ἰδεῖν, εἴ τι καταλελοιπὼς εἴη ὁ ξένος ἀργύριον, ἦ μὴν δείξαντος ἑαυτοῦ εὐθὺς αὐτῷ τὰ γράμματα, ἰδόντα αὐτὸν τῷ Κηφισιάδῃ γεγραμμένον ἀποδοῦναι, σιωπῇ οἴχεσθαι ἀπιόντα, οὐδὲν οὔτε ἀμφισβητήσαντα οὔτʼ ἀπειπόνθʼ αὑτῷ περὶ τοῦ ἀργυρίου, τούτων ὑμῖν τάς τε μαρτυρίας ἀμφοτέρας καὶ τὸν νόμον ἀναγνώσεται.
And that I, on behalf of my father, was willing to give him the pledge which the law commands when anyone brings a suit against an heir making claims against the deceased— namely, my solemn oath that I do not believe either that my father agreed to pay this man the money which Lycon left, or that Callippus was introduced to my father by Lycon; and also Phormio's oath, that he himself in the presence of Archebiades settled the accounts with Lycon, and was instructed by him to pay the money to Cephisiades, and that Archebiades pointed out Cephisiades to him; and further, that when Callippus first came to the bank, saying that Lycon was dead and that he himself claimed to see the ledger to find if the stranger had left any money, upon Phormio's immediately showing him the ledger, and upon his seeing that it was written to pay Cephisiades, he went away in silence, without making any dispute or prohibition to Phormio regarding the money—to prove these things, the clerk shall read to you both depositions and the law. [DEPOSITIONS.
ΜΑΡΤΥΡΙΑΙ. ΝΟΜΟΣ. §20φέρε δὴ ὑμῖν, ὦ ἄνδρες δικασταί, ὡς οὐδʼ ἐχρῆτο Λύκων τῷ Καλλίππῳ ἐπιδείξω· οἶμαι γάρ τί μοι καὶ τοῦτο εἶναι πρὸς τὴν ἀλαζονείαν τὴν τουτουὶ τοῦ φάσκοντος αὑτῷ δωρεὰν δοθῆναι τὸ ἀργύριον τοῦτο παρὰ τοῦ Λύκωνος.
LAW] Come now, men of the jury, let me show you that Lycon was not even on friendly terms with Callippus; for I think this will be of some assistance to me against the impudence of this man who claims that this money was given to him as a gift by Lycon.
ἐκεῖνος γὰρ τετταράκοντα μνᾶς ἔκδοσιν ἐκδοὺς εἰς Ἄκην Μεγακλείδῃ τῷ Ἐλευσινίῳ καὶ Θρασύλλῳ τῷ ἀδελφῷ αὐτοῦ, μεταδόξαν αὐτῷ μὴ ἐκεῖσε πλεῖν μηδὲ κινδυνεύειν, ἐγκαλέσας τι τῷ Μεγακλείδῃ περὶ τῶν τόκων ὡς ἐξηπατημένος διεφέρετο καὶ ἐδικάζετο, βουλόμενος τὴν ἔκδοσιν κομίσασθαι.
For Lycon, having lent forty minae on a maritime loan for a voyage to Ace to Megacleides of Eleusis and his brother Thrasyllus, changed his mind about sailing there and running the risk, and made a complaint against Megacleides about the interest, claiming he had been deceived, and went to law, wishing to recover the loan.
§21συχνῆς δὲ πάνυ πραγματείας περὶ τοσαῦτα χρήματα γενομένης, τὸν μὲν Κάλλιππον ὁ Λύκων οὐδαμοῖ πώποτε παρεκάλεσεν, τὸν δὲ Ἀρχεβιάδην καὶ τοὺς τοῦ Ἀρχεβιάδου φίλους· καὶ ὁ διαλλάξας αὐτοὺς Ἀρχεβιάδης ἦν.
Although a very troublesome dispute arose concerning so large a sum of money, Lycon never summoned Callippus to any meeting, but he did summon Archebiades and the friends of Archebiades; and the one who reconciled them was Archebiades.
ὡς δὲ ἀληθῆ λέγω, τούτων ὑμῖν αὐτὸν τὸν Μεγακλείδην μάρτυρα παρέξομαι. ΜΑΡΤΥΡΙΑ. §22οὑτωσὶ μὲν οἰκείως φαίνεται χρώμενος, ὦ ἄνδρες δικασταί, ὁ Λύκων τῷ Καλλίππῳ, ὥστε μήτε παρακαλεῖν αὐτὸν ἐπὶ τὰ αὑτοῦ πράγματα μήτε κατάγεσθαι ὡς τοῦτον μηδεπώποτε· καὶ αὐτό γε τοῦτο μόνον οὐ τετολμήκασιν οἱ οἰκεῖοι οἱ τούτου μαρτυρῆσαι, ὡς κατήγετο παρὰ τούτῳ ἐκεῖνος, εὖ εἰδότες ὅτι διὰ βασάνου ἐκ τῶν οἰκετῶν ὁ ἔλεγχος ἤδη ἔσοιτο, εἴ τι τοιοῦτο ψεύσοιντο.
To prove that I am telling the truth, I will produce Megacleides himself as a witness on these points. [DEPOSITION] So intimate, men of the jury, does Lycon appear to have been with Callippus, that he neither called him to assist in his affairs, nor ever lodged at his house; and this is the one thing which his relatives have not dared to testify, namely, that Lycon lodged with him, knowing well that a test would immediately be made by torturing the slaves, if they lied on such a point.
§23βούλομαι δʼ ὑμῖν καὶ τεκμήριόν τι εἰπεῖν τηλικοῦτον, ᾧ δῆλον ὑμῖν ἔσται, ὡς ἐγὼ οἴομαι, ὅτι πάντα πρὸς ὑμᾶς ἔψευσται.
I wish also to tell you a piece of circumstantial evidence of such weight that, as I think, it will make it clear to you that he has lied to you in everything.
τῷ γὰρ Λύκωνι, ὦ ἄνδρες δικασταί, εἴπερ ἠσπάζετο μὲν τουτονὶ καὶ οἰκείως εἶχεν, ὥσπερ οὗτός φησιν, ἐβούλετο δὲ δωρεὰν δοῦναι αὐτῷ,
For if Lycon, men of the jury, was indeed fond of this man and on intimate terms with him, as he claims, and wished to make him a gift of the money in case anything should happen to him, would it not have been better for him to leave the money directly in Callippus's hands?
§24εἴ τι πάθοι, τὸ ἀργύριον, πότερον κάλλιον ἦν ἄντικρυς παρὰ τῷ Καλλίππῳ καταλιπεῖν τὸ ἀργύριον, ὃ ἔμελλε σωθεὶς μὲν ὀρθῶς καὶ δικαίως ἀπολήψεσθαι παρὰ φίλου γε ὄντος αὐτῷ καὶ προξένου, εἰ δέ τι πάθοι, ἄντικρυς ἔσεσθαι δεδωκώς, ὥσπερ καὶ ἐβούλετο, ἢ ἐπὶ τῇ τραπέζῃ καταλιπεῖν;
For if he survived, he would have recovered it rightly and justly from one who was his friend and proxenos, and if anything happened to him, he would have given it directly as he wished, rather than leave it at the bank.
ἐγὼ μὲν γὰρ οἶμαι ἐκεῖνο καὶ δικαιότερον καὶ μεγαλοπρεπέστερον εἶναι.
For I think that the former course would have been both more just and more handsome.
οὐ τοίνυν φαίνεται τούτων οὐδὲν ποιήσας, ὥστε καὶ ταῦτα ὑμῖν τεκμήρια ἔστω, ἀλλὰ τῷ Κηφισιάδῃ καὶ γράψας καὶ προστάξας ἀποδοῦναι.
But it is clear that he did nothing of the kind; so let this too be a proof to you. Instead, he both wrote and gave instructions to pay Cephisiades.