§25ἔτι τοίνυν καὶ τοδὶ σκέψασθε, ὦ ἄνδρες δικασταί, ὅτι Κάλλιππος μὲν ἦν πολίτης ὑμέτερος καὶ οὐκ ἀδύνατος οὐδέτερα ποιῆσαι, οὔτε κακῶς οὔτε εὖ, ὁ δὲ Κηφισιάδης καὶ μέτοικος καὶ οὐδὲν δυνάμενος, ὥστε μὴ προσθέσθαι ἂν παρὰ τὸ δίκαιον τῷ Κηφισιάδῃ μᾶλλον τὸν πατέρα ἢ τούτῳ τὰ δίκαια ποιῆσαι.
Furthermore, men of the jury, consider this also: that Callippus was a citizen of yours and not powerless to do either good or harm, whereas Cephisiades was both a resident alien and of no influence, so that my father would never have supported Cephisiades contrary to justice rather than do what was right by this man.
§26ἀλλὰ νὴ Δία, ἴσως ἂν εἴποι, κερδαίνων τι ἰδίᾳ ὁ πατὴρ ἀπὸ τοῦ ἀργυρίου ἐκείνῳ μᾶλλον προσετίθετο τὴν γνώμην ἢ τούτῳ.
But, by Zeus, perhaps he might say that my father, gaining something privately from the money, leaned towards the opinion of that other man rather than this one.
εἶτα πρῶτον μὲν τὸν δυνησόμενον διπλάσιον τοῦ λήμματος κακὸν ποιῆσαι ἠδίκει, ἔπειτα ἐνταῦθα μὲν αἰσχροκερδὴς ἦν, εἰς δὲ τὰς εἰσφορὰς καὶ λῃτουργίας καὶ δωρεὰς τῇ πόλει οὔ;
Then, in the first place, was he doing wrong to the very person who would be able to do him double the harm of the gain? And in the second place, was he avaricious here, but not in regard to the taxes, public services, and donations to the city?
§27καὶ τῶν μὲν ξένων οὐδένα ἠδίκει, Κάλλιππον δέ;
And while he wronged none of the strangers, did he wrong Callippus?
καὶ οὗτος, ὡς χρηστῷ μὲν αὐτῷ ὄντι καὶ οὐδὲν ἂν ψευσαμένῳ ὅρκον ἐδίδου, ὥς φησιν, ὡς περὶ πονηροῦ δὲ καὶ ἀπαλείφοντος ἀπὸ τῶν παρακαταθηκῶν νυνὶ διαλέγεται;
And does this man now speak of him as a scoundrel who would erase deposits from the ledgers, though he offered him the oath, as he says, on the ground that my father was an honest man who would not lie under oath?
κἀκεῖνος οὔτʼ ὀμόσαι ʼθέλων, ὡς οὗτός φησιν, οὔτʼ ἀποδιδοὺς οὐκ εὐθὺς ἂν ὠφλήκει;
And if my father, being unwilling to take the oath as this man says, had not returned the money, would he not have been immediately cast in his suit?
τῷ ταῦτα πιστά, ὦ ἄνδρες δικασταί;
To whom are these things credible, men of the jury?
§28ἐγὼ μὲν γὰρ οὐδενὶ οἴομαι.
For my part, I think to no one.
καὶ ὁ Ἀρχεβιάδης εἰς τοῦτο φαυλότητος ἥκει, ὥστε τοῦ Καλλίππου δημότου ὄντος αὐτῷ καὶ πολιτευομένου καὶ οὐκ ἰδιώτου ὄντος καταμαρτυρεῖ, καὶ φησὶν ἡμᾶς μὲν ἀληθῆ λέγειν, τοῦτον δὲ ψεύδεσθαι, καὶ ταῦτα εἰδὼς ὅτι, ἂν οὗτος βούληται ἐπισκήψασθαι αὐτῷ τῶν ψευδομαρτυρίων καὶ ἄλλο μηδὲν ποιῆσαι ἢ ἐξορκῶσαι, ἀνάγκη αὐτῷ ἔσται πίστιν ἐπιθεῖναι ἣν ἂν κελεύῃ οὗτος.
And Archebiades has reached such a pitch of baseness that, although Callippus is his fellow-demesman and an active politician, not a private citizen, he bears witness against him, saying that we are telling the truth and this man is lying, and this too knowing that if this man wishes to prosecute him for false testimony and do nothing else than tender him the oath, he will be compelled to take whatever oath this man commands.
§29ἔπειτα ἵνα ὁ Κηφισιάδης ἔχῃ τὸ ἀργύριον, ἄνθρωπος μέτοικος, ἢ Φορμίων, ὅν φησιν ἀπαληλιφέναι τι οὗτος τοῦ ἀργυρίου, πεισθήσεσθε ὑμεῖς ὡς ἐπιορκήσειεν ἂν ὁ Ἀρχεβιάδης;
Then, in order that Cephisiades, a resident alien, might have the money, or Phormio, whom this man claims to have embezzled some of it, will you be persuaded that Archebiades would commit perjury?
οὐκ ἔκ γε τῶν εἰκότων, ὦ ἄνδρες δικασταί.
Not from the probabilities, men of the jury.
οὐ γὰρ ἄξιον οὔτε Ἀρχεβιάδου κακίαν οὐδεμίαν καταγνῶναι οὔτε τοῦ πατρὸς τοῦ ἡμετέρου· πολὺ γὰρ αὐτὸν φιλότιμον ἴστε μᾶλλον ὄντα ἢ κακόν τι ἢ αἰσχρὸν ἐπιτηδεύοντα, καὶ πρὸς Κάλλιππον οὐχ οὕτως ἔχοντα ὥστε καταφρονήσαντα τούτου ἀδικῆσαι τι αὐτόν.
For it is not proper to convict either Archebiades of any baseness or our father; for you know that he was much more eager for honor than for practicing anything evil or shameful, and that he did not stand in such relation to Callippus as to wrong him out of contempt.
§30οὐ γὰρ οὕτω μοι δοκεῖ δύνασθαι ὥστʼ εὐκαταφρόνητος εἶναι, ὃς οὕτως ἐρρωμένος ἐστίν, ὥστε πέρυσί μοι λαχὼν τὴν δίκην ταυτηνὶ καὶ προκαλεσάμενος τῷ Λυσιθείδῃ ἐπιτρέψαι, ἐγὼ μὲν καίπερ καταπεφρονημένος ὑπʼ αὐτοῦ τοῦτό γε ὀρθῶς ἐβουλευσάμην (κατὰ τοὺς νόμους γὰρ ἐπέτρεψα καὶ ἀπήνεγκα πρὸς τὴν ἀρχήν), οὗτος δὲ τὸν κατὰ τοὺς νόμους ἀπενηνεγμένον διαιτητὴν ἔπεισεν ἀνώμοτον διαιτῆσαι, ἐμοῦ διαμαρτυρομένου κατὰ τοὺς νόμους ὀμόσαντα διαιτᾶν, ἵνα αὐτῷ ᾖ πρὸς ὑμᾶς λέγειν ὅτι καὶ Λυσιθείδης, ἀνὴρ καλὸς κἀγαθός, ἔγνω περὶ αὐτῶν.
For he does not seem to me to be so powerless as to be easily despised, being so influential that last year, having brought this suit against me and challenged me to refer it to Lysitheides, I, though despised by him, made a right decision in this (for I referred it in accordance with the laws and reported it to the magistrate), but he persuaded the arbitrator appointed according to the laws to decide without an oath, despite my protest that he should decide under oath in accordance with the laws, so that he might be able to say to you that Lysitheides, a gentleman, had decided in his favor.
§31Λυσιθείδης γάρ, ὦ ἄνδρες δικασταί, ἕως μὲν ὁ πατὴρ ἔζη, καὶ ἄνευ ὅρκου καὶ μεθʼ ὅρκου ἴσως ἂν οὐκ ἠδίκησεν ἐκεῖνον·
For Lysitheides, men of the jury, as long as my father was alive, would probably not have wronged him either without an oath or with an oath; for he cared for him.
ἔμελε γὰρ αὐτῷ ἐκείνου. ἐμοῦ δὲ ἄνευ μὲν ὅρκου οὐδὲν αὐτῷ ἔμελεν, μεθʼ ὅρκου δὲ ἴσως ἂν οὐκ ἠδίκησεν διὰ τὸ αὑτοῦ ἴδιον· διόπερ ἀνώμοτος ἀπεφήνατο.
But with regard to me, without an oath he cared nothing for me, though with an oath he would probably not have done wrong because of his own character; and for this reason he gave his decision without taking the oath.
ὡς δὲ ἀληθῆ λέγω, καὶ τούτων ὑμῖν τοὺς παραγενομένους μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ. §32ὅ τι μὲν καὶ παρὰ τοὺς νόμους καὶ παρὰ τὸ δίκαιον δύναται διαπράττεσθαι Κάλλιππος, ὦ ἄνδρες δικασταί, τῆς μαρτυρίας ἀκηκόατε.
To prove that I am telling the truth, I will produce to you those who were present as witnesses. [WITNESSES] What Callippus is capable of achieving, contrary both to the laws and to justice, men of the jury, you have heard from the testimony.
δέομαι δὲ ὑμῶν αὐτός τε ὑπὲρ ἐμαυτοῦ καὶ ὑπὲρ τοῦ πατρός, ἀναμνησθέντας ὅτι πάντων μὲν ὑμῖν καὶ μάρτυρας καὶ τεκμήρια καὶ νόμους καὶ πίστεις παρεσχόμην ὧν εἴρηκα, τούτῳ δὲ ἐπιδείκνυμι ὅτι ἐξόν, εἴπερ τι αὐτῷ προσῆκεν τοῦ ἀργυρίου, ἐπὶ τὸν Κηφισιάδην βαδίζειν τὸν ὁμολογοῦντα κεκομίσθαι καὶ ἔχειν τὸ ἀργύριον, §33καὶ ταῦτα μηδὲν ἧττον τὰ πιστὰ παρʼ ἡμῶν λαβόντα, οὐκ ἔρχεται, εἰδὼς ὅτι οὐκ ἔστιν παρʼ ἡμῖν τὸ ἀργύριον, δέομαι ὑμῶν ἀποψηφίσασθαί μου.
And I myself entreat you, both on my own behalf and on behalf of my father, remembering that I have produced to you witnesses, circumstantial evidence, laws, and pledges for everything I have said, whereas I show that this man, when it was open to him, if any of the money belonged to him, to proceed against Cephisiades, who admits that he has received and holds the money, and this despite having received no less guarantees from us, does not go, knowing that the money is not in our hands, I entreat you to acquit me.
καὶ ταῦτα ποιοῦντες πρῶτον μὲν τὰ δίκαια καὶ κατὰ τοὺς νόμους ἔσεσθε ἐψηφισμένοι, ἔπειτα ἄξια μὲν αὐτῶν ὑμῶν, ἄξια δὲ τοῦ πατρὸς τοῦ ἐμοῦ· ὡς ἐγὼ ὑμᾶς ἂν δεξαίμην ἅπαντα τὰ ἐμαυτοῦ λαβεῖν μᾶλλον ἢ ἀδίκως τι συκοφαντούμενος ἀποτεῖσαι.
And in doing this, you will first have voted in accordance with justice and the laws, and secondly, in a manner worthy both of yourselves and of my father; for I would rather have you take all that I possess than pay anything under the false charges of a sycophant.