§21ἔτι τοίνυν καὶ ἐκ τῶνδε γνώσεσθε, ὦ ἄνδρες δικασταί, ὅτι εἰσὶν Ἀρεθουσίου οἱ ἄνθρωποι.
Furthermore, men of the jury, you will also know from the following facts that these men belong to Arethusius.
ὁπότε γὰρ οἱ ἄνθρωποι οὗτοι ἢ ὀπώραν πρίαιντο ἢ θέρος μισθοῖντο ἐκθερίσαι ἢ ἄλλο τι τῶν περὶ γεωργίαν ἔργων ἀναιροῖντο, Ἀρεθούσιος ἦν ὁ ὠνούμενος καὶ μισθούμενος ὑπὲρ αὐτῶν.
For whenever these men either bought autumn-fruit or hired a harvest to reap, or undertook any other of the farming works, it was Arethusius who bought or hired on their behalf.
ὡς δʼ ἀληθῆ λέγω, καὶ τούτων ὑμῖν τοὺς μάρτυρας παρέξομαι. ΜΑΡΤΥΡΕΣ. §22ὅσας μὲν τοίνυν μαρτυρίας παρασχέσθαι εἶχον ὑμῖν, ὡς ἔστιν Ἀρεθουσίου τὰ ἀνδράποδα, δεδήλωκα ὑμῖν.
And to prove that I am speaking the truth, I will present to you witnesses to these facts. [WITNESSES] Now, the testimonies which I had to present to you, proving that the slaves belong to Arethusius, I have shown to you.
βούλομαι δὲ καὶ περὶ τῆς προκλήσεως εἰπεῖν, ἣν οὗτοί με προὐκαλέσαντο καὶ ἐγὼ τούτους.
I wish also to speak about the challenge which they offered to me and I to them.
οὗτοι μὲν γάρ με προὐκαλέσαντο, ὅτε ἡ πρώτη ἀνάκρισις ἦν, φάσκοντες ἕτοιμοι εἶναι παραδιδόναι ἐμοὶ αὐτῷ τὰ ἀνδράποδα βασανίσαι, βουλόμενοι μαρτυρίαν τινὰ αὑτοῖς ταύτην γενέσθαι.
For they challenged me, when the first preliminary hearing was held, saying that they were ready to deliver up the slaves to me myself to be examined by torture, wishing this to become a kind of evidence for themselves.
§23ἐγὼ δὲ ἀπεκρινάμην αὐτοῖς ἐναντίον μαρτύρων, ὅτι ἕτοιμός εἰμι ἰέναι εἰς τὴν βουλὴν μετʼ αὐτῶν καὶ παραλαμβάνειν μετʼ ἐκείνης ἢ μετὰ τῶν ἕνδεκα, λέγων ὅτι, εἰ μὲν ἰδίαν δίκην ἐδικαζόμην αὐτοῖς, εἰ ἐμοὶ ἐξεδίδοσαν, παρελάμβανον ἄν, νῦν δὲ τῆς πόλεως εἴη τὰ ἀνδράποδα καὶ ἡ ἀπογραφή· δεῖν οὖν δημοσίᾳ βασανίζεσθαι.
But I answered them in the presence of witnesses, that I was ready to go to the Council with them and to receive the slaves with the Council or with the Eleven, saying that, if I were prosecuting them in a private suit, and if they delivered them to me, I would have received them, but now the slaves and the registration belonged to the state; therefore, they ought to be tortured publicly.
§24ἡγούμην γὰρ οὐ προσήκειν ἐμοὶ ἰδιώτῃ ὄντι τοὺς δημοσίους βασανίζειν· οὔτε γὰρ τῆς βασάνου κύριος ἐγιγνόμην, οὔτε καλῶς ἔχειν τὰ λεγόμενα ὑπὸ τῶν ἀνθρώπων ἐμὲ κρίνειν, ἡγούμην τε δεῖν τὴν ἀρχὴν ἢ τοὺς ᾑρημένους ὑπὸ τῆς βουλῆς γράφεσθαι, καὶ κατασημηναμένους τὰς βασάνους, ὅ τι εἴποιεν οἱ ἄνθρωποι, παρέχειν εἰς τὸ δικαστήριον, ἵνʼ ἀκούσαντες ἐκ τούτων ἐψηφίσασθε ὁποῖόν τι ὑμῖν ἐδόκει.
For I thought it was not proper for me, being a private citizen, to torture public property; for neither did I become master of the torture, nor was it right that I should judge the statements made by the men, and I thought that the magistrate or those chosen by the Council ought to write down and, having sealed the records of the torture, whatever the men said, produce it to the court, so that you, having heard from these records, might vote as seemed best to you.
§25ἰδίᾳ μὲν γὰρ βασανιζομένων τῶν ἀνθρώπων ὑπʼ ἐμοῦ ἀντελέγετʼ ἂν ἅπαντα ὑπὸ τούτων, εἰ δὲ δημοσίᾳ, ἡμεῖς μὲν ἂν ἐσιωπῶμεν, οἱ δʼ ἄρχοντες ἢ οἱ ᾑρημένοι ὑπὸ τῆς βουλῆς ἐβασάνιζον ἂν μέχρι οὗ αὐτοῖς ἐδόκει.
For if the men were tortured privately by me, everything would have been disputed by these men; whereas if it were done publicly, we would keep silent, and the magistrates or those chosen by the Council would go on torturing until they thought fit.
ταῦτα δʼ ἐμοῦ ἐθέλοντος, οὐκ ἂν ἔφασαν τῇ ἀρχῇ παραδοῦναι, οὐδʼ εἰς τὴν βουλὴν ἤθελον ἀκολουθεῖν.
But although I was willing to do this, they said they would not deliver them to the magistrate, nor were they willing to follow me to the Council.
ὡς οὖν ἀληθῆ λέγω, κάλει μοι τούτων τοὺς μάρτυρας. ΜΑΡΤΥΡΕΣ. §26κατὰ πολλὰ μὲν οὖν ἔμοιγε δοκοῦσιν εἶναι ἀναίσχυντοι ἀμφισβητοῦντες τῶν ὑμετέρων, οὐχ ἥκιστα δὲ ὑμῖν αὐτοὺς ἐπιδείξω ἐκ τῶν νόμων τῶν ὑμετέρων.
To prove, then, that I am speaking the truth, call the witnesses to these facts. [WITNESSES] In many respects, indeed, they seem to me to be shameless in disputing what belongs to you, and not least will I demonstrate this to you from your own laws.
οὗτοι γάρ, ὅτε οἱ δικασταὶ ἐβούλοντο θανάτου τιμῆσαι τῷ Ἀρεθουσίῳ, ἐδέοντο τῶν δικαστῶν χρημάτων τιμῆσαι καὶ ἐμοῦ συγχωρῆσαι, καὶ ὡμολόγησαν αὐτοὶ συνεκτείσειν.
For these men, when the jurors wished to sentence Arethusius to death, begged the jurors to sentence him to a fine and me to agree to it, and they themselves agreed to help pay it.
§27τοσούτου δὴ δέουσιν ἐκτίνειν καθʼ ἃ ἠγγυήσαντο, ὥστε καὶ τῶν ὑμετέρων ἀμφισβητοῦσι.
They are so far from paying according to what they guaranteed, that they actually dispute what belongs to you.
καίτοι οἵ γε νόμοι κελεύουσι τὴν οὐσίαν εἶναι δημοσίαν, ὃς ἂν ἐγγυησάμενός τι τῶν τῆς πόλεως μὴ ἀποδιδῷ τὴν ἐγγύην· ὥστε καὶ εἰ τούτων ἦν τὰ ἀνδράποδα, προσῆκεν αὐτὰ δημόσια εἶναι, εἴπερ τι τῶν νόμων ὄφελος.
And yet the laws command that the property of anyone who has guaranteed anything to the state and does not pay the guarantee shall be public property; so that even if the slaves belonged to these men, they ought to be public property, if indeed there is any utility in the laws.
§28καὶ πρὶν μὲν ὀφείλειν τῷ δημοσίῳ, ὁ Ἀρεθούσιος ὡμολογεῖτο τῶν ἀδελφῶν εὐπορώτατος εἶναι· ἐπειδὴ δὲ οἱ νόμοι κελεύουσιν τἀκείνου ὑμέτερα εἶναι, τηνικαῦτα πένης ὢν φαίνεται ὁ Ἀρεθούσιος, καὶ τῶν μὲν ἡ μήτηρ ἀμφισβητεῖ, τῶν δὲ οἱ ἀδελφοί.
And before he owed money to the treasury, Arethusius was acknowledged to be the richest of the brothers; but since the laws command that his property belongs to you, from that moment Arethusius appears to be poor, and of some of his property their mother claims ownership, and of other parts his brothers.
χρῆν δʼ αὐτούς, εἴπερ ἐβούλοντο δικαίως προσφέρεσθαι πρὸς ὑμᾶς, ἀποδείξαντας ἅπασαν τὴν οὐσίαν τὴν ἐκείνου, τὰ τούτων αὐτῶν εἴ τις ἀπέγραφεν, ἀμφισβητεῖν.
But they ought, if indeed they wished to act justly toward you, to have disclosed all his property first, and only then, if anyone registered any of their own private property, to dispute it.
§29ἐὰν οὖν ἐνθυμηθῆτε, ὅτι οὐδέποτε ἔσται ἀπορία τῶν ἀμφισβητησόντων ὑμῖν περὶ τῶν ὑμετέρων (ἢ γὰρ ὀρφανοὺς ἢ ἐπικλήρους κατασκευάσαντες ἀξιώσουσιν ἐλεεῖσθαι ὑφʼ ὑμῶν, ἢ γῆρας καὶ ἀπορίας καὶ τροφὰς μητρὶ λέγοντες, καὶ ὀδυρόμενοι διʼ ὧν μάλιστα ἐλπίζουσιν ἐξαπατήσειν ὑμᾶς, πειράσονται ἀποστερῆσαι τὴν πόλιν τοῦ ὀφλήματος), ἐὰν οὖν ταῦτα παριδόντες πάντα καταψηφίσησθε, ὀρθῶς βουλεύσεσθε.
If, therefore, you consider that there will never be any lack of persons to dispute what belongs to you with you (for either by producing orphans or heiresses they will demand to be pitied by you, or by speaking of old age and poverty and maintenance for their mother, and by lamenting with those means by which they especially hope to deceive you, they will try to deprive the state of the debt owed), if, therefore, you disregard all these things and vote against them, you will decide rightly.