by Demosthenes
[38] Mining suits, in my judgement, are to be brought against those sharing in the business of mining and those who have bored through into another’s property, and, in short, against those engaged in mining who do any of the things mentioned in the law. But a man who has lent money to Pantaenetus, and by persistently sticking to him has with difficulty got it back, is not also to be made defendant in a mining suit; I should say not!
[39] ὡς μὲν οὖν οὔτ᾽ ἠδίκηκα τοῦτον οὐδὲν οὔτ᾽ εἰσαγώγιμος ἐκ τῶν νόμων ἐστὶν ἡ δίκη, ταῦτ᾽ ἄν τις σκοπῶν ῥᾳδίως γνοίη. οὐδὲν τοίνυν δίκαιον ἔχων οὐδὲ καθ᾽ ἓν λέγειν ὑπὲρ ὧν ἐγκαλεῖ, ἀλλὰ καὶ ψευδῆ γεγραφὼς εἰς τὸ ἔγκλημα καὶ περὶ ὧν ἀφῆκε δικαζόμενος, τοῦ ἐξελθόντος μηνός, ὦ ἄνδρες Ἀθηναῖοι, ἐπειδὴ ἔμελλον εἰσιέναι τὴν δίκην, ἤδη τῶν δικαστηρίων ἐπικεκληρωμένων, προσελθὼν καὶ περιστήσας τοὺς μεθ᾽ ἑαυτοῦ, τὸ ἐργαστήριον τῶν συνεστώτων, πρᾶγμα ποιεῖ πάνδεινον:
[39] That I have, therefore, done no wrong to the defendant and that the suit is not admissible under the laws one may easily determine from a consideration of these points. So, as he had not a single valid argument to advance in support of his charges, but had even incorporated false statements in his complaint, and was bringing suit regarding claims for which he had given a release, last month, men of Athens, when I was on the point of entering the court, and the court-rooms had already been allotted to the jurymen, he came up to me and surrounded me with his minions （that gang of his fellow-conspirators）, and did a most outrageous thing.
[40] ἀναγιγνώσκει μοι πρόκλησιν μακράν, ἀξιῶν, ὅν φησιν οἰκέτην ταῦτα συνειδέναι, βασανίζεσθαι, κἂν μὲν ᾖ ταῦτ᾽ ἀληθῆ, τὴν δίκην ἀτίμητον ὀφλεῖν αὑτῷ, ἐὰν δὲ ψευδῆ, τὸν βασανιστὴν Μνησικλέα ἐπιγνώμον᾽ εἶναι τῆς τιμῆς τῆς τοῦ παιδός. λαβὼν δ᾽ ἐγγυητὰς τούτων παρ᾽ ἐμοῦ, καὶ σημηναμένου τὴν πρόκλησιν ἐμοῦ, οὐχ ὡς δίκαιον ὄν （ποῦ γάρ ἐστι δίκαιον,
[40] He read me a long challenge, demanding that a slave who, he claimed, was acquainted with the facts, should be put to the torture; and that, if the facts as alleged by him were true, I should have to pay him the damages charged without adjustment by the jury; but if they were false, Mnesicles, the torturer, should determine the value of the slave. When he had received sureties to this agreement from me and I had sealed the challenge （not that I thought it fair;
[41] ἐν οἰκέτου σώματι καὶ ψυχῇ ἢ δύ᾽ ὠφληκέναι τάλαντα, ἢ μηδὲν τὸν συκοφαντοῦντα ζημιοῦσθαι;） ἀλλ᾽ ἐγὼ πολλῷ τῷ δικαίῳ περιεῖναι βουλόμενος συνεχώρουν. καὶ μετὰ ταῦτα προσκαλεῖται μέν με τὴν δίκην πάλιν, ἐπειδὴ θᾶττον ἀνείλετο τὰς παρακαταβολάς （οὕτως εὐθὺς ἦν δῆλος οὐδ᾽ οἷς αὐτὸς ὡρίσατ᾽ ἐμμένων δικαίοις）:
[41] for how could it be fair that it should depend upon the body and life of a slave, whether I should be condemned to pay two talents, or the bringer of this malicious suit get off scot-free? But I, wishing to prevail by a preponderance of fair play, made this concession） — after this he again summoned me in the suit, as soon as he had taken back his deposits; so clear did he make it at once that he would not abide by the conditions which he had himself laid down.
[42] ἐπειδὴ δ᾽ ἥκομεν πρὸς τὸν βασανιστήν, ἀντὶ τοῦ τὴν πρόκλησιν ἀνοίξας δεῖξαι τὰ γεγραμμένα καὶ κατὰ ταῦτα πράττειν ὅ τι δόξαι （διὰ γὰρ τὸν θόρυβον τότε καὶ τὸ μέλλειν καλεῖσθαι τὴν δίκην τοιοῦτον ἦν: προκαλοῦμαί σε ταυτί: δέχομαι: φέρε δὴ τὸν δακτύλιον: λαβέ: τίς δ᾽ ἐγγυητής; οὑτοσί: οὐδὲν οὔτ᾽ ἀντίγραφον οὔτ᾽ ἄλλ᾽ οὐδὲν ἐποιησάμην τοιοῦτον） ἀντὶ δὲ τοῦ ταῦθ᾽ οὕτως ὥσπερ λέγω πράττειν ἑτέραν ἧκεν ἔχων πρόκλησιν, ἀξιῶν αὐτὸς βασανίζειν τὸν ἄνθρωπον, καὶ ἐπιλαβόμενος εἷλκεν, καὶ ἐνέλειπεν οὐδὲν ἀσελγείας.
[42] But when we had come before the torturer, instead of opening the challenge, showing its contents, and proceeding in accordance with its terms to do what seemed right （for on account of the turmoil at that time and the fact that the case was about to be called, it was like this: I offer you this challenge. — I accept it. — Let me have your ring. — Take it. — Who is your surety? — This man here. — and I had taken no copy or anything else of that sort）; instead of acting in the way of which I speak, he had brought with him a different challenge, insisting that he should himself torture the man, and he laid hold of him, dragged him this way and that, and went beyond all bounds in blackguardly action.
[43] καὶ ἔγωγ᾽ ἐνεθυμήθην, ὦ ἄνδρες δικασταί, ἡλίκον ἐστὶ πλεονέκτημα τὸ καταπεπλάσθαι τὸν βίον. ἐγὼ γὰρ ἐμαυτῷ ταῦτα πάσχειν ἐδόκουν καταφρονούμενος τῷ ἁπλῶς καὶ ὡς πέφυκα ζῆν, καὶ δίκην διδόναι παμμεγέθη ταῦτ᾽ ἀνεχόμενος. ὅτι δ᾽ οὖν ἠναγκαζόμην, παρ᾽ ἃ ἡγούμην δίκαι᾽ εἶναι, ἀντιπροκαλεῖσθαι, καὶ τὸν οἰκέτην παρεδίδουν, καὶ ὅτι ταῦτ᾽ ἀληθῆ λέγω, λέγε τὴν πρόκλησιν.”Πρόκλησις”
[43] On my part, men of the jury, I was led to reflect what gain there is in a life molded to serve one’s ends. For it seemed to me that I was suffering this treatment because I was despised as one who lived a simple and natural life, and that I was paying a heavy penalty in having to submit to this.
However, to prove that I was compelled to give a counter-challenge contrary to what I thought was right, that I offered to give up the slave, and that I am speaking the truth in this, read the challenge.” Challenge”
[44] φυγὼν μὲν τοίνυν ταῦτα, φυγὼν δ᾽ ἃ τὸ πρῶτον αὐτὸς προὐκαλέσατο, ἔγωγ᾽, ὅ τι ποτ᾽ ἐρεῖ πρὸς ὑμᾶς, θαυμάζω. ἵνα δ᾽ εἰδῆθ᾽ ὑφ᾽ οὗ φησὶ καὶ τὰ δεινὰ πεπονθέναι, θεάσασθε. οὗτός ἐστιν ὁ Πανταίνετον ἐκβαλών, οὗτός ἐσθ᾽ ὁ κρείττων τῶν φίλων τῶν Πανταινέτου καὶ τῶν νόμων. οὐ γὰρ ἔγωγ᾽ ἐπεδήμουν, οὐδ᾽ αὐτὸς ἐγκαλεῖ.
[44] Since he refused this, and refused the challenge which he himself gave at the first, I wonder what in the world he will have to say to you. But that you may know who it is at whose hands he claims to have suffered these indignities — behold him! This is the man who dispossessed Pantaenetus; this is the man who was stronger than the friends of Pantaenetus, and stronger than the laws. For I myself was not in Athens; even he does not make that charge.
[45] βούλομαι δ᾽ ὑμῖν καὶ δι᾽ ὧν τοὺς πρότερον δικαστὰς ἐξαπατήσας εἷλε τὸν Εὔεργον εἰπεῖν, ἵν᾽ εἰδῆθ᾽ ὅτι καὶ νῦν οὐδὲν οὔτ᾽ ἀναιδείας οὔτε τοῦ ψεύδεσθαι παραλείψει. πρὸς δὲ τούτοις καὶ περὶ ὧν ἐμοὶ δικάζε
ται νυνί, τὰς αὐτὰς οὔσας ἀπολογίας εὑρήσετε: ὅσπερ ἔλεγχος ἀκριβέστατός ἐστιν ὑπὲρ τοῦ τότ᾽ ἐκεῖνον σεσυκοφαντῆσθαι. οὗτος γὰρ ᾐτιάσατ᾽ ἐκεῖνον πρὸς ἅπασι τοῖς ἄλλοις ἐλθόντ᾽ εἰς ἀγρὸν ὡς αὑτὸν ἐπὶ τὰς ἐπικλήρους εἰσελθεῖν καὶ τὴν μητέρα τὴν αὑτοῦ, καὶ τοὺς νόμους ἧκεν ἔχων τοὺς τῶν ἐπικλήρων πρὸς τὸ δικαστήριον.
[45] I wish to tell you also the means by which he misled the former jury, and convicted Evergus, that you may realize that in this trial also there will be no limit to his impudence and that he will shrink from no falsehoods. More than this; in regard to his present suit against me, you will find my means of defence are the same as those of Evergus, which is the most convincing proof that Evergus has been the victim of a malicious and baseless charge. For in addition to all the other accusations the plaintiff charged that Evergus came to his home in the country, and made his way into the apartments of his daughters, who were heiresses, and of his mother; and he brought with him into court the laws concerning heiresses.
[46] καὶ πρὸς μὲν τὸν ἄρχοντα, ὃν τῶν τοιούτων οἱ νόμοι κελεύουσιν ἐπιμελεῖσθαι, καὶ παρ᾽ ᾧ τῷ μὲν ἠδικηκότι κίνδυνος περὶ τοῦ τί χρὴ παθεῖν ἢ ἀποτεῖσαι, τῷ δ᾽ ἐπεξιόντι μετ᾽ οὐδεμιᾶς ζημίας ἡ βοήθεια, οὐδέπω καὶ τήμερον ἐξήτασται, οὐδ᾽ εἰσήγγειλεν οὔτ᾽ ἔμ᾽ οὔτε τὸν Εὔεργον ὡς ἀδικοῦντας, ἐν δὲ τῷ δικαστηρίῳ ταῦτα κατηγόρει καὶ δυοῖν ταλάντοιν εἷλε δίκην.
[46] And yet up to this day he has never had the case examined before the Archon, whom the law appoints to have charge of such matters, and before whom the wrongdoer runs the risk of having punishment or fine adjudged against him, while by the prosecutor redress is sought without risk; nor has he impeached either me or Evergus as wrongdoers, but he made these charges in the court-room, and secured a verdict for two talents.
[47] ἦν γὰρ οἶμαι κατὰ μὲν τοὺς νόμους προειδότα τὴν αἰτίαν, ἐφ᾽ ᾗ κρίνεται, ῥᾴδιον τἀληθῆ καὶ τὰ δίκαι᾽ ἐπιδείξαντ᾽ ἀποφεύγειν, ἐν δὲ μεταλλικῇ δίκῃ, περὶ ὧν οὐδ᾽ ἂν ἤλπισεν αὑτοῦ κατηγορηθήσεσθαι, χαλεπὸν παραχρῆμ᾽ ἔχειν ἀπολύσασθαι τὴν διαβολήν: ἡ δ᾽ ὀργὴ ἡ παρὰ τῶν ἐξηπατημένων ὑπὸ τούτου δικαστῶν, ἐφ᾽ ᾧ τὴν ψῆφον εἶχον πράγματι, τούτου κατεψηφίσατο.
[47] For, I take it, it would have been an easy matter for Evergus, if he had known in advance （as under the laws he should have known） the charge on which he was being tried, to set forth the truth of the matter and the justice of his cause, and so win acquittal; but in a mining suit regarding matters concerning which he could never have imagined that he would be accused, it was hard to find, offhand, means to free himself from the false charges; and the indignation of the jurymen, who were misled by the plaintiff, found him guilty in the matter upon which they sat in judgement.
[48] καίτοι τὸν ἐκείνους ἐξηπατηκότα τοὺς δικαστάς, ἆρ᾽ ὀκνήσειν ὑμᾶς ἐξαπατᾶν οἴεσθε; ἢ πεπιστευκότ᾽ εἰσιέναι τοῖς πράγμασιν, ἀλλ᾽ οὐ τοῖς λόγοις καὶ τοῖς συνεστῶσιν μεθ᾽ αὑτοῦ μάρτυσιν, τῷ τ᾽ ἀκαθάρτῳ καὶ μιαρῷ Προκλεῖ, τῷ μεγάλῳ τούτῳ, καὶ Στρατοκλεῖ τῷ πιθανωτάτῳ πάντων ἀνθρώπων καὶ πονηροτάτῳ, καὶ τῷ μηδὲν ὑποστελλόμενον μηδ᾽ αἰσχυνόμενον κλαήσειν καὶ ὀδυρεῖσθαι;
[48] And yet do you think that the man who deceived those jurymen will hesitate to try to deceive you? — or that he comes into court with his confidence fixed upon the facts, and not rather upon assertions and upon the witnesses who are in league with him （that foul blackguard Procles, the tall fellow there, and Stratocles, the smoothest-tongued of men and the basest）, and in his readiness to weep and wail without disguise or shame?
[49] καίτοι τοσούτου δεῖς ἐλέου τινὸς ἄξιος εἶναι, ὥστε μισηθείης ἂν δικαιότατ᾽ ἀνθρώπων ἐξ ὧν πεπραγμάτευσαι: ὅς γ᾽ ὀφείλων μνᾶς ἑκατὸν καὶ πέντε καὶ οὐχ οἷός τ᾽ ὢν διαλῦσαι, τοὺς ταῦτα συνευπορήσαντας καὶ γενομένους αἰτίους σοι τοῦ τὰ δίκαια ποιῆσαι τοῖς συμβαλοῦσιν ἐξ ἀρχῆς, χωρὶς ὧν περὶ αὐτὰ τὰ συμβόλαι᾽ ἠδίκεις, καὶ πρὸς ἀτιμῶσαι ζητεῖς. καὶ τοὺς μὲν ἄλλους τοὺς δανειζομένους ἴδοι τις ἂν ἐξισταμένους τῶν ὄντων: σοὶ δ᾽ ὁ συμβεβληκὼς τοῦτο πέπονθεν, καὶ δανείσας τάλαντον δύ᾽ ὤφληκεν συκοφαντηθείς.
[49] But you are so far from deserving pity, that more than any man in the world you should rightly be detested for the deeds you have wrought — you who, owing one hundred and five minae and not being able to satisfy your creditors, and then finding men who helped you to raise the money and enabled you to do what was right by those who originally made the loan, are seeking, quite apart from the wrongs you committed against them in regard to the loan itself, also to deprive them of their civic rights. In the case of other men one may see borrowers having to give up their property, but in your case it is the lender who has come to this plight, and, having lent a talent, has been forced to pay two talents as the victim of a baseless charge;
[50] ἐγὼ δὲ τετταράκοντα μνᾶς δανείσας δυοῖν ταλάντοιν ταυτηνὶ φεύγω δίκην. καὶ ἐφ᾽ οἷς δανείσασθαι μὲν οὐδεπώποτ᾽ ἐδυνήθης ἑκατὸν μνῶν πλέον, πέπρακας δὲ καθάπαξ τριῶν ταλάντων καὶ δισχιλίων, εἰς ταῦτα τέτταρ᾽ ὡς ἔοικεν ἠδίκησαι τάλαντα. ὑπὸ τοῦ ταῦτα; ὑπὸ τοῦ οἰκέτου νὴ Δία τοῦ ἐμοῦ. τίς δ᾽ ἂν οἰκέτῃ παραχωρήσειε πολίτης τῶν αὑτοῦ; ἢ τίς ἂν φήσειεν, ὧν δίκην λαχὼν ᾕρηκεν οὗτος Εὔεργον, τούτων καὶ τὸν ἐμὸν παῖδ᾽ ὑπεύθυνον εἶναι προσήκειν;
[50] and I, who lent forty minae, am defendant in this suit for two talents. Again, on property on which you were never able to borrow more than one hundred minae, and which you sold outright for three talents and two thousand drachmae, you have, as it seems, sustained damages to the amount of four talents! From whom? From my slave, you will say. But what citizen would let himself be ousted from his own property by a slave? Or who would say that it is right that my slave be held responsible for acts, for which the plaintiff has brought action against Evergus and obtained a verdict?
[51] χωρὶς δὲ τούτων αὐτὸς αὐτὸν οὗτος ἀφῆκε τῶν τοιούτων αἰτιῶν ἁπασῶν. οὐ γὰρ νῦν ἔδει λέγειν, οὐδ᾽ εἰς τὴν πρόκλησιν γράφειν ἐν ᾗ βασανίζειν ἐξῄτει, ἀλλὰ λαχόντ᾽ ἐκείνῳ τὴν δίκην τὸν κύριον διώκειν ἐμέ. νῦν δ᾽ εἴληχεν μὲν ἐμοί, κατηγορεῖ δ᾽ ἐκείνου. ταῦτα δ᾽ οὐκ ἐῶσιν οἱ νόμοι: τίς γὰρ πώποτε τῷ δεσπότῃ λαχών, τοῦ δο
ύλου τὰ πράγματα, ὥσπερ κυρίου, κατηγόρησεν;
[51] Besides all this, the plaintiff has himself given him a release from all charges of this kind. He ought not to be stating these charges now, nor to have inserted them in the challenge in which he demanded the slave for torture, but to have instituted suit against him, and to have prosecuted me as his owner. As it is, he has instituted suit against me, but accuses him. This the laws do not permit. For whoever instituted suit against the master, and charged the facts against his slave — as though the slave had any authority of his own?
[52] ἐπειδὰν τοίνυν τις αὐτὸν ἔρηται ‘καὶ τί δίκαιον ἕξεις λέγειν πρὸς Νικόβουλον;’ μισοῦσι, φησίν, Ἀθηναῖοι τοὺς δανείζοντας: Νικόβουλος δ᾽ ἐπίφθονός ἐστι, καὶ ταχέως βαδίζει, καὶ μέγα φθέγγεται, καὶ βακτηρίαν φορεῖ: ταῦτα δ᾽ ἐστὶν ἅπαντα, φησίν, πρὸς ἐμοῦ. καὶ ταῦτ᾽ οὐκ αἰσχύνεται λέγων, οὐδὲ τοὺς ἀκούοντας οἴεται μανθάνειν ὅτι συκοφαντοῦντός ἐστι λογισμὸς οὗτος, οὐκ ἀδικουμένου.