§38ὃ τοίνυν πάντων ἀναιδέστατον μέλλειν αὐτὸν ἀκούω ποιεῖν, βέλτιον νομίζω προειπεῖν ὑμῖν εἶναι.
Therefore, what I hear he is about to do, which is the most shameless of all things, I think it is better to tell you beforehand.
φασὶ γὰρ παραστησάμενον τοὺς παῖδας αὐτὸν κατὰ τούτων ὀμεῖσθαι, καὶ ἀράς τινας δεινὰς καὶ χαλεπὰς ἐπαράσεσθαι καὶ τοιαύτας οἵας ἀκηκοώς γέ τις θαυμάσας ἀπήγγελλεν ἡμῖν.
For they say that, having placed his children beside him, he will swear by them, and will utter certain terrible and harsh curses, of such a kind as someone who heard them reported to us with astonishment.
ἔστι δʼ, ὦ ἄνδρες δικασταί, ἀνυπόστατα μὲν τὰ τοιαῦτα τολμήματα· οἱ γὰρ οἶμαι βέλτιστοι καὶ ἥκιστʼ ἂν αὐτοί τι ψευσάμενοι μάλισθʼ ὑπὸ τῶν τοιούτων ἐξαπατῶνται· οὐ μὴν ἀλλὰ δεῖ πρὸς τὸν βίον καὶ τὸν τρόπον ἀποβλέποντας πιστεύειν.
Such daring acts, gentlemen of the jury, are indeed hard to withstand; for I think those who are best and would least lie themselves are most deceived by such things; nevertheless, one must believe by looking at his life and character.
§39τὴν δὲ τούτου πρὸς τὰ τοιαῦτʼ ὀλιγωρίαν ἐγὼ πρὸς ὑμᾶς ἐρῶ· πέπυσμαι γὰρ ἐξ ἀνάγκης.
But as for his contempt for such things, I will tell you; for I have of necessity found out.
ἀκούω γάρ, ὦ ἄνδρες δικασταί, Βάκχιόν τέ τινα, ὃς παρʼ ὑμῖν ἀπέθανε, καὶ Ἀριστοκράτην τὸν τοὺς ὀφθαλμοὺς διεφθαρμένον καὶ τοιούτους ἑτέρους καὶ Κόνωνα τουτονὶ ἑταίρους εἶναι μειράκιʼ ὄντας καὶ Τριβαλλοὺς ἐπωνυμίαν ἔχειν· τούτους τά θʼ Ἑκαταῖα καὶ τοὺς ὄρχεις τοὺς ἐκ τῶν χοίρων, οἷς καθαίρουσιν ὅταν εἰσιέναι μέλλωσιν, συλλέγοντας ἑκάστοτε συνδειπνεῖν ἀλλήλοις, καὶ ῥᾷον ὀμνύναι καὶ ἐπιορκεῖν ἢ ὁτιοῦν.
For I hear, gentlemen of the jury, that a certain Bacchius, who was put to death among you, and Aristocrates, the one whose eyes are ruined, and others of such kind, and Conon here, were companions when they were youths, and had the surname 'Triballi'; and that these men, collecting each time the offerings to Hecate and the testicles from the pigs with which they purify when they are about to enter, would dine together with one another, and would swear and perjure themselves more easily than anything else.
§40οὐ δὴ Κόνων ὁ τοιοῦτος πιστός ἐστιν ὀμνύων, οὐδὲ πολλοῦ δεῖ, ἀλλʼ ὁ μηδʼ εὔορκον ἑκὼν μηδὲν ἂν ὀμόσας, κατὰ δὲ δὴ παίδων ὧν μὴ νομίζετε μηδʼ ἂν μελλήσας, ἀλλὰ κἂν ὁτιοῦν παθὼν πρότερον, εἰ δʼ ἄρʼ ἀναγκαῖον, ὀμνύων ὡς νόμιμον, κατʼ ἐξωλείας αὑτοῦ καὶ γένους καὶ οἰκίας, ἀξιοπιστότερος τοῦ κατὰ τῶν παίδων ὀμνύοντος καὶ διὰ τοῦ πυρός.
Therefore, such a man as Conon is not trustworthy when swearing, far from it; but he who would not willingly swear any oath, not even a true one, and who would not even contemplate swearing by his children, whom you must not think he would, but would rather suffer anything beforehand—yet if indeed it were necessary, swearing in the customary way, invoking destruction upon himself, his race, and his household—is much more worthy of belief than the one who swears by his children and through the fire.
ἐγὼ τοίνυν ὁ δικαιότερόν σου πιστευθεὶς ἂν κατὰ πάντʼ, ὦ Κόνων, ἠθέλησʼ ὀμόσαι ταυτί, οὐχ ὑπὲρ τοῦ μὴ δοῦναι δίκην ὧν ἠδίκηκα, καὶ ὁτιοῦν ποιῶν, ὥσπερ σύ, ἀλλʼ ὑπὲρ τῆς ἀληθείας καὶ ὑπὲρ τοῦ μὴ προσυβρισθῆναι, ὡς οὐ κατεπιορκησόμενος τὸ πρᾶγμα.
I, therefore, who would be believed more justly than you in all respects, O Conon, wished to swear these things, not in order to avoid paying the penalty for the wrongs I have done, doing anything whatsoever as you do, but for the sake of the truth and to avoid being further insulted, since I would not perjure myself in this matter.
λέγε τὴν πρόκλησιν. ΠΡΟΚΛΗΣΙΣ.
Read the challenge. ΠΡΟΚΛΗΣΙΣ.
§41ταῦτʼ ἐγὼ καὶ τότʼ ἠθέλησʼ ὀμόσαι, καὶ νῦν ὀμνύω τοὺς θεοὺς καὶ τὰς θεὰς ἅπαντας καὶ πάσας ὑμῶν ἕνεκʼ, ὦ ἄνδρες δικασταί, καὶ τῶν περιεστηκότων, ἦ μὴν παθὼν ὑπὸ Κόνωνος ταῦθʼ ὧν δικάζομαι, καὶ λαβὼν πληγάς, καὶ τὸ χεῖλος διακοπεὶς οὕτως ὥστε καὶ ῥαφῆναι, καὶ ὑβρισθεὶς τὴν δίκην διώκειν.
These things I wished to swear then, and now I swear by all the gods and goddesses, for your sake, gentlemen of the jury, and for the sake of those standing around, that indeed, having suffered from Conon these things for which I bring suit, and having received blows, and having had my lip cut so as even to be sewn, and having been insulted, I am prosecuting this suit.
καὶ εἰ μὲν εὐορκῶ, πολλά μοι ἀγαθὰ γένοιτο καὶ μηδέποτʼ αὖθις τοιοῦτο μηδὲν πάθοιμι, εἰ δʼ ἐπιορκῶ, ἐξώλης ἀπολοίμην αὐτὸς καὶ εἴ τί μοι ἔστιν ἢ μέλλει ἔσεσθαι.
And if indeed I swear truly, may many good things come to me and may I never again suffer any such thing; but if I perjure myself, may I utterly perish, both myself and whatever I have or am about to have.
§42ἀλλʼ οὐκ ἐπιορκῶ, οὐδʼ ἂν Κόνων διαρραγῇ.
But I do not perjure myself, not even if Conon should burst.
ἀξιῶ τοίνυν ὑμᾶς, ὦ ἄνδρες δικασταί, πάνθʼ ὅσʼ ἐστὶν δίκαιʼ ἐπιδείξαντος ἐμοῦ καὶ πίστιν προσθέντος ὑμῖν, ὥσπερ ἂν αὐτὸς ἕκαστος παθὼν τὸν πεποιηκότʼ ἐμίσει, οὕτως ὑπὲρ ἐμοῦ πρὸς Κόνωνα τουτονὶ τὴν ὀργὴν ἔχειν, καὶ μὴ νομίζειν ἴδιον τῶν τοιούτων μηδὲν ὃ κἂν ἄλλῳ τυχὸν συμβαίη, ἀλλʼ ἐφʼ ὅτου ποτʼ ἂν συμβῇ, βοηθεῖν καὶ τὰ δίκαιʼ ἀποδιδόναι, καὶ μισεῖν τοὺς πρὸ μὲν τῶν ἁμαρτημάτων θρασεῖς καὶ προπετεῖς, ἐν δὲ τῷ δίκην ὑπέχειν ἀναισχύντους καὶ πονηροὺς καὶ μήτε δόξης μήτʼ ἔθους μήτʼ ἄλλου μηδενὸς φροντίζοντας πρὸς τὸ μὴ δοῦναι δίκην.
Therefore I ask you, gentlemen of the jury, since I have demonstrated all that is just and have added my oath to you, just as each of you yourself having suffered would hate the doer, so on my behalf to hold anger against Conon here, and not to think any of such things is private which might by chance happen to another also, but on whomever it may happen, to help and render what is just, and to hate those who before their misdeeds are bold and reckless, but in undergoing trial are shameless and wicked, caring for neither reputation, nor custom, nor anything else, in order to avoid paying the penalty.
§43ἀλλὰ δεήσεται Κόνων καὶ κλαήσει.
But Conon will beg and weep.
σκοπεῖτε δὴ πότερός ἐστιν ἐλεινότερος, ὁ πεπονθὼς οἷʼ ἐγὼ πέπονθʼ ὑπὸ τούτου, εἰ προσυβρισθεὶς ἄπειμι καὶ δίκης μὴ τυχών, ἢ Κόνων, εἰ δώσει δίκην;
Consider then, which is more pitiable: the one who has suffered what I have suffered from him, if I depart further insulted and having failed to obtain justice, or Conon, if he pays the penalty?
πότερον δʼ ὑμῶν ἑκάστῳ συμφέρει ἐξεῖναι τύπτειν καὶ ὑβρίζειν ἢ μή;
And which is advantageous for each of you: that it should be permitted to strike and insult, or not?
ἐγὼ μὲν οἴομαι μή.
I, for my part, think not.
οὐκοῦν, ἂν μὲν ἀφιῆτε, ἔσονται πολλοί, ἐὰν δὲ κολάζητε, ἐλάττους.
Therefore, if you acquit, there will be many; but if you punish, fewer.
§44πόλλʼ ἂν εἰπεῖν ἔχοιμʼ, ὦ ἄνδρες δικασταί, καὶ ὡς ἡμεῖς χρήσιμοι, καὶ αὐτοὶ καὶ ὁ πατήρ, ἕως ἔζη, καὶ τριηραρχοῦντες καὶ στρατευόμενοι καὶ τὸ προσταττόμενον ποιοῦντες, καὶ ὡς οὐδὲν οὔθʼ οὗτος οὔτε τῶν τούτου οὐδείς· ἀλλʼ οὔτε τὸ ὕδωρ ἱκανὸν οὔτε νῦν περὶ τούτων ὁ λόγος ἐστίν.
I could say many things, gentlemen of the jury, both how we are useful, both ourselves and our father as long as he lived, serving as trierarchs, serving in campaigns, and doing what is commanded, and how neither this man nor any of his family has done anything; but neither is the water sufficient, nor is the speech about these things now.
εἰ γὰρ δὴ ὁμολογουμένως ἔτι τούτων καὶ ἀχρηστοτέροις καὶ πονηροτέροις ἡμῖν εἶναι συνέβαινεν, οὐ τυπτητέοι, οὐδʼ ὑβριστέοι δήπου ἐσμέν.
For if indeed it had happened that we were confessedly even more useless and more wicked than these men, we are surely not to be beaten nor insulted.
οὐκ οἶδʼ ὅ τι δεῖ πλείω λέγειν· οἶμαι γὰρ ὑμᾶς οὐδὲν ἀγνοεῖν τῶν εἰρημένων.
I do not know what more needs to be said; for I think you are ignorant of nothing of what has been said.