by Demosthenes
[10] ἐπειδὴ τοίνυν ἀφικόμην σχεδόν τι πάντ᾽ ἀπολωλεκὼς ὅσ᾽ ἔχων ἐξέπλευσα, ἀκούσας καὶ καταλαβὼν τοῦτον μὲν ἀφεστηκότα, τὸν δ᾽ Εὔεργον ἔχοντα καὶ κρατοῦνθ᾽ ὧν ἐωνήμεθα, θαυμαστῶς ὡς ἐλυπήθην, ὁρῶν τὸ πρᾶγμά μοι περιεστηκὸς εἰς ἄτοπον: ἢ γὰρ κοινωνεῖν ἔδει τῆς ἐργασίας καὶ τῶν ἐπιμελειῶν τῷ Εὐέργῳ, ἢ χρήστην ἀντὶ τούτου τὸν Εὔεργον ἔχειν, καὶ πρὸς ἐκεῖνον πάλιν μίσθωσιν γράφειν καὶ συμβόλαιον ποιεῖσθαι: τούτων δ᾽ οὐδέτερον προῃρούμην.
[10] Well, then, when I came back, having lost practically everything I had when I sailed, I heard, and found it was true, that the plaintiff had given up the property and that Evergus was in possession and control of what we had purchased. I was distressed beyond words, seeing that the matter had got into an awkward predicament; for it was now necessary for me either to enter into partnership with Evergus for the working and management of the property, or have him for a debtor instead of Pantaenetus, and draw up a new lease and enter into a contract with him; and I liked neither of these alternatives.
[11] ἀηδῶς δ᾽ ἔχων οἷς λέγω τούτοις, ἰδὼν τὸν Μνησικλέα τὸν πρατῆρα τούτων ἡμῖν γεγενημένον, προσελθὼν ἐμεμφόμην αὐτῷ, λέγων οἷον ἄνθρωπον προὐξένησέ μοι, καὶ τοὺς ἀμφισβητοῦντας καὶ τί ταῦτ᾽ ἐστὶν ἠρώτων. ἀκούσας δ᾽ ἐκεῖνος τῶν μὲν ἀμφισβητούντων κατεγέλα, συνελθεῖν δ᾽ ἔφη τούτους βούλεσθαι πρὸς ἡμᾶς, καὶ συνάξειν αὐτὸς ἡμᾶς, καὶ παραινέσειν τούτῳ πάντα ποιεῖν τὰ δίκαι᾽ ἐμοί, καὶ οἴεσθαι πείσειν.
[11] Being vexed at the matters of which I am telling you, and happening to see Mnesicles, who had sold us the property, I came up to him, and reproached him, telling what sort of a man he had recommended to me, and I questioned him regarding the claimants, asking what this was all about. On hearing this, he laughed at the claimants, but stated that they wished to have a conference with us. He declared that he would bring us together, and that he would urge the plaintiff to do all that was right in my regard, and he thought he would persuade him to do so.
[12] ὡς δὲ συνήλθομεν, τὰ μὲν πολλὰ τί δεῖ λέγειν; ἧκον δ᾽ οἱ δεδανεικέναι φάσκοντες τούτῳ ἐπὶ τῷ ἐργαστηρίῳ καὶ τοῖς ἀνδραπόδοις ἃ ἡμεῖς ἐπριάμεθα παρὰ Μνησικλέους, καὶ οὐδὲν ἦν ἁπλοῦν οὐδ᾽ ὑγιὲς τούτων. πάντα δ᾽ ἐξελεγχόμενοι ψευδῆ λέγοντες, καὶ τοῦ Μνησικλέους βεβαιοῦντος ἡμῖν, προκαλοῦνται πρόκλησιν ἡμᾶς ὡς οὐ δεξομένους, ἢ κομίσασθαι πάντα τὰ χρήματα παρ᾽ αὑτῶν καὶ ἀπελθεῖν, ἢ διαλῦσαι σφᾶς ὑπὲρ ὧν ἐνεκάλουν, αἰτιώμενοι πολλῷ πλείονος ἄξι᾽ ἔχειν ὧν ἐδεδώκεμεν χρημάτων.
[12] When we had our meeting — what need is there to tell you all the details? — the men came who claimed to have made loans to the plaintiff on the security of the mining property and the slaves, which we bought from Mnesicles; and there was nothing straightforward or honest about them. Then, when they were convicted of falsehood in all their statements and Mnesicles confirmed our having bought the property, they offered us a challenge, assuming that we should not accept it, either to take all our money from them and withdraw, or to settle with them by paying their claims; for the security which we held was, they claimed, worth far more than the sums we had lent.
[13] ἀκούσας δ᾽ ἐγώ, παραχρῆμα, οὐδὲ βουλευσάμενος, κομίσασθαι συνεχώρησα, καὶ τὸν Εὔεργον ἔπεισα. ἐπειδὴ δ᾽ ἔδει τὰ χρήμαθ᾽ ἡμᾶς ἀπολαμβάνειν καὶ τὸ πρᾶγμ᾽ εἰς τοῦτο προῆκτο, οὐκ ἔφασαν μετὰ ταῦτα δώσειν οἱ τότ᾽ ἐκεῖν᾽ ἐπαγγειλάμενοι, εἰ μὴ πρατῆρες γιγνοίμεθ᾽ ἡμεῖς τῶν κτημάτων αὐτοῖς, νοῦν ἔχοντες, ὦ ἄνδρες Ἀθηναῖοι, κατ᾽ αὐτό γε τοῦτο: ἑώρων γὰρ ἡμᾶς οἷ᾽ ἐσυκοφαντούμεθ᾽ ὑπὸ τούτου. ὡς οὖν καὶ ταῦτ᾽ ἀληθῆ λέγω, λαβέ μοι καὶ ταύτας τὰς μαρτυρίας.”Μαρτυρίαι”
[13] When I heard this, on the spur of the moment and without even taking thought, I agreed to take my money, and I persuaded Evergus to adopt the same course. But when the time came for us to receive our money, the matter having been brought to this conclusion, the people who had previously made the offer declared then that they would not pay us unless we became vendors to them of the property, and in this point anyway, men of Athens, they were prudent; for they saw in what baseless and malicious charges we were involved by this fellow.
To prove that I am speaking the truth in this, take, please, these depositions also.” Depositions”
[14] ἐπειδὴ τοίνυν τὸ πρᾶγμ᾽ ἐνταῦθ᾽ εἱστήκει, καὶ τὰ μὲν χρήματ᾽ οὐ προΐενθ᾽ οὓς ἐπήγαγεν οὗτος, ἡμεῖς δ᾽ εἰκότως ἐφαινόμεθ᾽ ὧν ἐωνήμεθα κρατεῖν, ἱκέτευεν, ἐδεῖτο, ἠντεβόλει πρατῆρας ἡμᾶς γενέσθαι. ἀξιοῦντος δὲ τούτου καὶ πολλὰ δεηθέντος ἐμοῦ καὶ τί οὐ ποιήσαντος; καὶ τοῦθ᾽ ὑπέμεινα.
[14] When the matter stood thus, and the people whom the plaintiff had introduced to us would not give up the money, and it was clear that we were rightfully in possession of what we had purchased, he begged, and implored, and besought us to sell the property. As he made this demand and begged me most earnestly — there is nothing he did not do — I gave way in this matter also.
[15] ὁρῶν δ᾽ αὐτόν, ὦ ἄνδρες Ἀθηναῖοι, κακοήθη, καὶ τὸ μὲν ἐξ ἀρχῆς τοῦ Μνησικλέους κατηγοροῦντα πρὸς ἡμᾶς, πάλιν δ᾽ ᾧ φίλος ἦν τὰ μάλιστα, τῷ Εὐέργῳ, τούτῳ προσκεκρουκότα, καὶ τὸ μὲν πρῶτον ὡς ἐγὼ κατέπλευσα, ἅσμενον φάσκονθ᾽ ἑορακέναι με, ἐπειδὴ δ᾽ ἔδει τὰ δίκαια ποιεῖν, ἐμοὶ πάλιν δυσκολαίνοντα, καὶ ἅπασι μέχρι τοῦ προλαβεῖν καὶ τυχεῖν ὧν δέοιτο φίλον ὄντα, μετὰ ταῦτα δ᾽ ἐχθρὸν καὶ διάφορον γιγνόμενον,
[15] I saw, however, men of Athens, that he was a man of evil disposition, that at the outset he had made charges to us against Mnesicles, and then had quarrelled with Evergus, with whom he was on terms of closest friendship; that at the first, when I returned from my voyage, he pretended that he was glad to see me, but when the time came for him to do what was right, he became surly with me; that he was a friend to all men until he got some advantage and attained what he wanted, and thereafter became their foe and was at variance with them;
[16] ἠξίουν ἀπαλλαττόμενος καὶ πρατὴρ ὑπὲρ τούτου γιγνόμενος, πάντων ἀφεθεὶς τῶν ἐγκλημάτων καὶ ἀπαλλαγείς, οὕτω διαλύεσθαι. τούτων δὲ συγχωρηθέντων οὗτος μὲν ἀφῆκεν ἁπάντων ἐμέ, ἐγὼ δὲ πρατήρ, ὥσπερ ἐδεῖθ᾽ οὗτος, τῶν κτημάτων ἐγιγν
όμην, καθάπερ αὐτὸς ἐπριάμην παρὰ Μνησικλέους. κομισάμενος δὲ τἀμαυτοῦ καὶ τοῦτον οὐδ᾽ ὁτιοῦν ἀδικῶν, μὰ τοὺς θεούς, οὐδ᾽ ἂν εἴ τι γένοιτο, ᾠήθην ἂν δίκην μοι λαχεῖν ποτὲ τουτονί.
[16] I therefore thought it best, if I withdrew and assumed the position of vendor in this man’s interest, that I should obtain a full release and discharge from all claims, and thus make a final settlement with him. This was agreed to, and he gave me a release in full, while I, as he begged me to do, assumed the position of vendor of the property, exactly as I had myself bought it from Mnesicles. Having, then, recovered my money, and having done the plaintiff no wrong whatsoever, I imagined, by the gods, that, no matter what should happen, he would never bring a suit against me.
[17] τὰ μὲν δὴ γεγενημένα, καὶ περὶ ὧν οἴσετε τὴν ψῆφον, καὶ δι᾽ ἃ τὴν δίκην συκοφαντούμενος παρεγραψάμην μὴ εἰσαγώγιμον εἶναι, ταῦτ᾽ ἐστιν, ὦ ἄνδρες δικασταί. παρασχόμενος δὲ μάρτυρας οἳ παρῆσαν ἡνίκ᾽ ἀφιέμην ὑπὸ τούτου καὶ ἀπηλλαττόμην, ὡς οὐκ εἰσαγώγιμος ἐκ τῶν νόμων ἐστὶν ἡ δίκη, μετὰ ταῦτ᾽ ἐπιδείξω. καί μοι λέγε ταύτην τὴν μαρτυρίαν.”Μαρτυρία”
λέγε δή μοι καὶ τὴν τῶν ἐωνημένων μαρτυρίαν, ἵν᾽ εἰδῆθ᾽ ὅτι τούτου κελεύοντος αὔτ᾽ ἀπεδόμην οἷς οὗτος ἐκέλευσεν.”Μαρτυρία”
[17] These, men of the jury, are the facts regarding which you are to cast your votes, these are the grounds upon which I have entered the special plea that this baseless and malicious suit is not maintainable. I shall bring forward witnesses who were present when I was given a release and discharge by the plaintiff, and shall then proceed to prove that under the law the suit is not maintainable.
Please read this deposition.” Deposition”
Now, please, read the deposition of the purchasers, that you may be assured that I sold the property at the bidding of the plaintiff and to the persons to whom he bade me sell it.” Deposition”
[18] οὐ τοίνυν μόνον ἡμῖν εἰσιν οὗτοι μάρτυρες, ὡς ἀφείμεθα καὶ νῦν συκοφαντούμεθα, ἀλλὰ καὶ Πανταίνετος αὐτός. ὅτε γὰρ λαγχάνων Εὐέργῳ τὴν δίκην εἴασεν ἐμέ, τότ᾽ ἐμαρτύρει οὗτος πρὸς ἔμ᾽ αὑτῷ μηδὲν ἔγκλημ᾽ ὑπόλοιπον εἶναι: οὐ γὰρ ἂν δήπου, τῶν αὐτῶν ἀδικημάτων παρόντων, ἀμφοῖν δ᾽ ὁμοίως ἐγκαλῶν, τὸν μὲν εἴασεν τῷ δ᾽ ἐδικάζετο. ἀλλὰ μὴν ὅτι γ᾽ οὐκ ἐῶσιν οἱ νόμοι περὶ τῶν οὕτω πραχθέντων πάλιν λαγχάνειν, οἶμαι μὲν ὑμᾶς καὶ μηδὲν εἰπόντος ἐμοῦ γιγνώσκειν: ὅμως δὲ λέγ᾽ αὐτοῖς καὶ τὸν νόμον τουτονί.”Νόμος”
[18] Not only have I these witnesses to prove that I have been released and am now the object of a baseless and malicious charge, but Pantaenetus himself is a witness also. For when, in bringing suit against Evergus, he left me out of the question, he himself bore witness that he had no further claim against me. For surely, assuming that he had the same charge to bring against both for the same wrongdoing, he would not, when both were at hand, have passed over the one and brought suit against the other. However, that the laws do not allow a fresh suit to be brought regarding matters that have been thus settled you know, I presume, even without my telling you.
Nevertheless, read them this law also.” Law”
[19] ἀκούετ᾽, ὦ ἄνδρες δικασταί, τοῦ νόμου λέγοντος ἄντικρυς, ὧν ἂν ἀφῇ καὶ ἀπαλλάξῃ τις, μηκέτι τὰς δίκας εἶναι. καὶ μὴν ὅτι γ᾽ ἀμφότερ᾽ ἐστὶ πεπραγμένα ταῦτα τούτῳ πρὸς ἡμᾶς, ἠκούσατε τῶν μαρτυριῶν. ἁπάντων μὲν τοίνυν τῶν ἐν τοῖς νόμοις ἀπειρημένων οὐ προσήκει δικάζεσθαι, ἥκιστα δὲ τούτων. ἃ μὲν γὰρ τὸ δημόσιον πέπρακεν, ἔχοι τις ἂν εἰπεῖν ὡς ἀδίκως οὐ προσήκοντα πέπρακεν:
[19] You hear the law, men of Athens, expressly stating that in cases where anyone has given a release and discharge, there shall be no further action. And that both these have been effected between the plaintiff and myself, you have heard from the witnesses. One should not, of course, bring suit in any case when the law forbids it, but least of all ought one in a case like this. For in regard to sales made by the state, one might claim that it had made the sale unjustly, or had sold what was not its own;
[20] καὶ περὶ ὧν ἔγνω τὸ δικαστήριον, ἔστιν εἰπεῖν ὡς ἐξαπατηθὲν τοῦτ᾽ ἐποίησεν, καὶ περὶ τῶν ἄλλων τῶν ἐν τῷ νόμῳ καθ᾽ ἑκάστου γένοιτ᾽ ἄν τις εἰκότως λόγος. ἃ δ᾽ αὐτὸς ἐπείσθη καὶ ἀφῆκεν, οὐκ ἔνι δήπουθεν εἰπεῖν οὐδ᾽ αὑτὸν αἰτιάσασθαι, ὡς οὐ δικαίως ταῦτ᾽ ἐποίησεν. οἱ μὲν οὖν παρά τι τῶν ἄλλων τούτων δικαζόμενοι τοῖς ὑφ᾽ ἑτέρων δικαίοις ὡρισμένοις οὐκ ἐμμένουσιν, ὁ δ᾽ ὧν ἂν ἀφῇ πάλιν λαγχάνων τοῖς ὑφ᾽ ἑαυτοῦ. διὸ πάντων μάλιστ᾽ ἄξιον τούτοις χαλεπαίνειν.
[20] and in regard to court decisions it might be claimed that the decision had been rendered through error; and in all other cases where the law forbids action exception might plausibly be taken to each one. But when anyone has himself yielded to argument and given a release, he cannot in the very nature of the case charge himself with having acted unjustly. Those who bring suit in defiance of any other of these provisions fail to abide by what others have determined to be just; but he who again brings suit in matters regarding which he has given a release fails to abide by his own decision. Therefore, against all such your anger should be particularly severe.
[21] οὐκοῦν ὡς μὲν ἀφῆκέ με πάντων, ὅτ᾽ ἐγιγνόμην τῶν ἀνδραπόδων πρατήρ, ἐπέδειξα: ὅτι δ᾽ οὐκ ἐῶσιν οἱ νόμοι τούτων εἶναι δίκας, ἀκηκόατ᾽ ἀρτίως ἀναγιγνωσκομένου τοῦ νόμου. ἵνα δ᾽, ὦ ἄνδρες Ἀθηναῖοι, μή τις οἴηται τοῖς περὶ τῶν πραγμάτων αὐτῶν δικαίοις ἁλισκόμενόν μ᾽ ἐπὶ τοῦτ᾽ ἀποχωρεῖν, καὶ καθ᾽ ἕκαστον ὧν ἐγκαλεῖ βούλομαι δεῖξαι αὐτὸν ψευδόμενον.
[21] Well then, that he released me from all claims, when I sold the slaves to him, I have proved to you; and that the laws do not allow suits to be brought in such cases you have heard from the law which has just been read. However, that no one of you, men of Athens, may suppose that it is because I am at a disadvantage regarding the rights of the matters at issue that I have recourse to this special plea, I propose to show you that in every one of his charges against me his statements are false.
[22] λέγε δ᾽ αὐτὸ τὸ ἔγκλημα, ὅ μοι δικάζεται.”Ἔγκλημα
ἔβλαψέ με Νικόβουλος ἐπιβουλεύσας ἐμοὶ καὶ τῇ οὐσίᾳ τῇ ἐμῇ, ἀφελέσθαι κελεύσας Ἀντιγένην τὸν ἑαυτοῦ οἰκέτην τὸ ἀργύριον τοῦ ἐμοῦ οἰκέτου, ὃ ἔφερεν καταβολὴν τῇ πόλει τοῦ μετά
λλου, ὃ ἐγὼ ἐπριάμην ἐνενήκοντα μνῶν, καὶ αἴτιος ἐμοὶ γενόμενος ἐγγραφῆναι τὸ διπλοῦν τῷ δημοσίῳ.”
[22] Read the complaint itself, which he brings against me.”Complaint
Nicobulus has harmed me by laying a plot against me and against my property, having ordered Antigenes, his slave, to take away from my slave the silver which he was bringing to be paid to the state for the mining property which I bought for ninety minae, and having also caused me to be inscribed as debtor to the treasury for double that amount.”
[23] ἐπίσχες. ταυτὶ πάντα, ἃ νῦν ἐγκέκληκεν ἐμοί, πρότερον τὸν Εὔεργον αἰτιασάμενος τὴν δίκην εἷλε. μεμαρτύρηται μὲν δὴ καὶ ἐν ἀρχῇ μοι τοῦ λόγου πρὸς ὑμᾶς ὡς ἀπεδήμουν, ὅτε τούτοις αἱ πρὸς ἀλλήλους ἐγίγνοντο διαφοραί: οὐ μὴν ἀλλὰ καὶ ἐκ τοῦ ἐγκλήματος τούτου δῆλόν ἐστιν. οὐδαμοῦ γὰρ ὡς ἐγώ τι πεποίηκα τούτων ἔγραψεν, ἀλλ᾽ ὑπογράψας ἐπιβουλεῦσαί με αὑτῷ καὶ τῇ οὐσίᾳ, προστάξαι φησὶ τῷ παιδὶ ταῦτα ποιεῖν, ψευδόμενος: πῶς γὰρ ἐγὼ προσέταξα, ὃς ὅτ᾽ ἐξέπλεον τῶν γενησομένων ἐνταῦθ᾽ οὐδ᾽ ὁτιοῦν δήπουθεν ᾔδειν;