§1θαυμαστόν γε, ὦ βουλή, τὸ διαμάχεσθαι περὶ τούτου, ὡς οὐκ ἐγένοντο ἡμῖν διαλλαγαί, καὶ τὸ μὲν ζεῦγος καὶ τὰ ἀνδράποδα, καὶ ὅσα ἐξ ἀγροῦ κατὰ τὴν ἀντίδοσιν ἔλαβε, μὴ ἂν δύνασθαι ἀρνηθῆναι ὡς οὐκ ἀπέδωκε, φανερῶς δὲ περὶ πάντων διαλελυμένον ἀρνεῖσθαι τὰ περὶ τῆς ἀνθρώπου, μὴ κοινῇ ἡμᾶς χρῆσθαι συγχωρῆσαι.
Indeed, O Council, it is a wonderful thing to contend about this, as though no reconciliation had taken place between us, and, while he could not deny that he returned the pair of beasts and the slaves and whatever he took from the field according to the exchange of property, yet, after having clearly settled about everything, he denies the matters concerning the woman, refusing to agree that we share her in common.
§2καὶ τὴν μὲν ἀντίδοσιν διʼ ἐκείνην φανερός ἐστι ποιησάμενος, τὴν δʼ αἰτίαν διʼ ἣν ἀπέδωκεν ἃ ἔλαβεν, οὐκ ἂν ἄλλην ἔχοι εἰπεῖν (βουλόμενος τἀληθῆ λέγειν) ἢ ὅτι οἱ φίλοι περὶ πάντων ἡμᾶς τούτων συνήλλαξαν.
And he is manifest to have made the exchange of property on her account, and he could state no other reason why he returned what he had taken (if he wishes to speak the truth) than that our friends reconciled us regarding all these matters.
§3ἐβουλόμην δʼ ἂν μὴ ἀπολαχεῖν αὐτὸν κριτὴν Διονυσίοις, ἵνʼ ὑμῖν φανερὸς ἐγένετο ἐμοὶ διηλλαγμένος, κρίνας τὴν τιμὴν φυλὴν νικᾶν· νῦν δὲ ἔγραψε μὲν ταῦτα εἰς τὸ γραμματεῖον, ἀπέλαχε δέ.
But I would have wished that he had not been rejected by lot as a judge at the Dionysia, so that it might have been manifest to you that he had been reconciled to me, by his judging my tribe to be the winner; but as it is, he wrote these things on the tablet, but was rejected by lot.
§4καὶ ὅτι ἀληθῆ ταῦτα λέγω, Φιλῖνος καὶ Διοκλῆς ἴσασιν· ἀλλʼ οὐκ ἔστʼ αὐτοῖς μαρτυρῆσαι μὴ διομοσαμένοις περὶ τῆς αἰτίας ἧς ἐγὼ φεύγω, ἐπεὶ σαφῶς ἔγνωτʼ ἂν ὅτι ἡμεῖς ἦμεν αὐτὸν οἱ κριτὴν ἐμβαλόντες καὶ ἡμῶν ἕνεκα ἐκαθίζετο.
And that I speak the truth, Philinus and Diocles know; but it is not possible for them to bear witness without taking an oath on the charge for which I am prosecuted, since otherwise you would clearly have known that we were the ones who put him in as a judge, and it was for our sake that he sat.
ἀλλʼ ἦν, εἰ βούλεται, ἐχθρός· §5δίδωμι γὰρ αὐτῷ τοῦτο· οὐδὲν γὰρ διαφέρει.
But let him be, if he wishes, an enemy; for I grant him this; for it makes no difference.
οὐκοῦν ἦλθον αὐτὸς αὐτὸν ἀποκτενῶν, ὡς οὗτός φησι, καὶ βία εἰς τὴν οἰκίαν εἰσῆλθον.
Now then, did I come myself to kill him, as he says, and enter his house by force?
δὶα τί οὖν οὐκ ἀπέκτεινα, ὑποχείριον λαβὼν τὸ σῶμα, καὶ τοσοῦτον κρατήσας ὥστε καὶ τὴν ἄνθρωπον λαβεῖν;
Why then did I not kill him, when I had his body in my power, and had mastered him to such an extent as to also take the woman?
φρασάτω πρὸς ὑμᾶς.
Let him explain to you.
ἀλλʼ οὐκ ἔχει εἰπεῖν.
But he cannot say.
§6καὶ μὴν οὐδείς γε ὑμῶν ἀγνοεῖ ὅτι θᾶττον ἂν ἐγχειριδίῳ πληγεὶς ἀπέθανεν ἢ πὺξ παιόμενος.
And indeed, not one of you is ignorant that he would have died more quickly if struck by a dagger than if beaten with fists.
φαίνεται τοίνυν οὐδʼ αὐτὸς αἰτιώμενος τοιοῦτόν τι ἔχοντας ἡμᾶς ἐλθεῖν, ἀλλʼ ὀστράκῳ φησὶ πληγῆναι.
It appears, therefore, that not even he himself accuses us of having come with any such thing, but he says he was struck with a shard.
καίτοι φανερὸν ἤδη ἐξ ὧν εἴρηκεν, ὅτι οὐ πρόνοια γεγένηται.
And yet it is already clear from what he has said that there was no premeditation.
§7οὐ γὰρ ἂν οὕτως ἤλθομεν, ἀδήλου ὄντος εἰ παρὰ τούτῳ εὑρήσομεν ὄστρακον ἢ ὅτῳ αὐτὸν ἀποκτενοῦμεν, ἀλλʼ οἴκοθεν ἔχοντες ἂν ἐβαδίζομεν.
For we would not have gone in this way, since it was uncertain whether we would find a shard at his place or something with which we would kill him, but we would have walked carrying weapons from home.
νῦν δὲ ὁμολογούμεθα πρὸς παῖδας καὶ αὐλητρίδας καὶ μετʼ οἴνου ἐλθόντες.
But as it is, we are admitted to have gone to see boys and flute-girls, and under the influence of wine.
ὥστε πῶς ταῦτʼ ἐστὶ πρόνοια;
So how is this premeditation?
ἐγὼ μὲν γὰρ οἶμαι οὐδαμῶς.
For my part, I think not at all.
§8ἀλλʼ οὗτος ἐναντίως τοῖς ἄλλοις δύσερώς ἐστι, καὶ ἀμφότερα βούλεται, τό τε ἀργύριον μὴ ἀποδοῦναι καὶ τὴν ἄνθρωπον ἔχειν.
But this man, contrary to others, is a troublesome lover, and wants both: not to return the money, and to keep the woman.
εἶτα ὑπὸ τῆς ἀνθρώπου παρωξυμμένος ὀξύχειρ λίαν καὶ πάροινός ἐστιν, ἀνάγκη δὲ ἀμύνασθαι.
Then, provoked by the woman, he is extremely quick-tempered and violent in his cups, and it was necessary to defend oneself.
ἡ δὲ τοτὲ μὲν ἐμὲ περὶ πολλοῦ τοτὲ δὲ τοῦτόν φησι ποιεῖσθαι, βουλομένη ὑπʼ ἀμφοτέρων ἐρᾶσθαι.
And she says at one time that she values me highly, and at another time him, wishing to be loved by both.
§9καὶ ἐγὼ μὲν καὶ ἐξ ἀρχῆς εὐκόλως εἶχον καὶ νῦν ἔτι ἔχω· ὁ δʼ εἰς τοῦτο βαρυδαιμονίας ἥκει, ὥστε οὐκ αἰσχύνεται τραύματʼ ὀνομάζων τὰ ὑπώπια καὶ ἐν κλίνῃ περιφερόμενος καὶ δεινῶς προσποιούμενος διακεῖσθαι ἕνεκα πόρνης ἀνθρώπου, ἣν ἔξεστιν αὐτῷ ἀναμφισβητήτως ἔχειν ἐμοὶ ἀποδόντι τἀργύριον.
And I, on the one hand, was easygoing from the beginning and still am now; but he, on the other hand, has reached such a pitch of misery that he is not ashamed to call bruises "wounds", and to be carried around in a litter, and to pretend to be in a terrible state, all for the sake of a courtesan woman, whom he could have without dispute if he returned my money to me.
§10καὶ φησὶ μὲν δεινῶς ἐπιβουλευθῆναι καὶ πρὸς ἅπανθʼ ἡμῖν ἀμφισβητεῖ, ἐξὸν δʼ ἐκ τῆς ἀνθρώπου βασανισθείσης τὸν ἔλεγχον ποιήσασθαι οὐκ ἠθέλησεν· ἣ πρῶτον μὲν τοῦτʼ ἂν κατεῖπεν, πότερα κοινὴ ἡμῖν ἦν ἢ ἰδία τούτου, καὶ πότερα τὸ ἥμισυ τοῦ ἀργυρίου ἐγὼ συνεβαλόμην ἢ οὗτος ἅπαν ἔδωκε, καὶ εἰ διηλλαγμένοι ἢ ἔτι ἐχθροὶ ἦμεν, §11ἔτι δὲ εἰ μεταπεμφθέντες ἤλθομεν ἢ οὐδενὸς καλέσαντος, καὶ εἰ οὗτος ἦρχε χειρῶν ἀδίκων ἢ ἐγὼ πρότερος τοῦτον ἐπάταξα.
And he says indeed that he was terribly plotted against and disputes with us about everything, but although it was open to him to make the proof from the woman being tortured, he refused; she who would first of all have told this: whether she was common to us or his private property, and whether I contributed half of the money or he gave it all, and whether we had been reconciled or were still enemies, and further, whether we came because we were sent for, or without anyone calling us, and whether he began the unjust violence or I struck him first.
τούτων καθʼ ἓν ἕκαστον καὶ τῶν ἄλλων οὐδὲν ἦν ὅ τι οὐ ῥᾴδιον τοῖς τε ἄλλοις ἐμφανὲς καὶ τούτοις ποιῆσαι.
On each one of these points and the others, there was nothing that was not easy to make clear both to everyone else and to these judges.