by Demosthenes
[52] When anyone asks him, “What valid charges will you be able to make against Nicobulus?” he says, “The Athenians hate money-lenders; Nicobulus is an odious fellow; he walks fast, he talks loud, and he carries a cane; and （he says） all these things count in my favor.” He is not ashamed to talk in this way, and also fancies that his hearers do not understand that this is the reasoning, not of one who has suffered wrong, but of a malicious pettifogger.
[53] ἐγὼ δ᾽ ἀδικεῖν μὲν οὐδένα τῶν δανειζόντων οἴομαι, μισεῖσθαι μέντοι τινὰς ἂν εἰκότως ὑφ᾽ ὑμῶν, οἳ τέχνην τὸ πρᾶγμα πεποιημένοι μήτε συγγνώμης μήτ᾽ ἄλλου μηδενός εἰσιν ἀλλ᾽ ἢ τοῦ πλείονος. διὰ γὰρ τὸ καὶ δεδανεῖσθαι πολλάκις, μὴ μόνον αὐτὸς τούτῳ δανεῖσαι, οὐδ᾽ ἐγὼ τούτους ἀγνοῶ, οὐδὲ φιλῶ, οὐ μέντοι γ᾽ ἀποστερῶ μὰ Δία, οὐδὲ συκοφαντῶ.
[53] I, for my part, do not regard a money-lender as a wrongdoer, although certain of the class may justly be detested by you, seeing that they make a trade of it, and have no thought of pity or of anything else, except gain. Since I have myself often borrowed money, and not merely lent it to the plaintiff, I know these people well; and I do not like them, either but, by Zeus, I do not defraud them, nor bring malicious charges against them.
[54] ὅστις δ᾽ εἴργασται μὲν ὥσπερ ἐγὼ πλέων καὶ κινδυνεύων, εὐπορήσας δὲ μικρῶν ἐδάνεισεν ταῦτα, καὶ χαρίσασθαι βουλόμενος καὶ μὴ λαθεῖν διαρρυὲν αὑτὸν τἀργύριον, τί τις ἂν τοῦτον εἰς ἐκείνους τιθείη; εἰ μὴ τοῦτο λέγεις, ὡς ὃς ἂν σοὶ δανείσῃ, τοῦτον δημοσίᾳ μισεῖσθαι προσήκει. λέγε δή μοι τὰς μαρτυρίας, τίς ἐγὼ πρὸς τοὺς συμβάλλοντας ἄνθρωπος καὶ πρὸς τοὺς δεομένους εἰμί.”Μαρτυρίαι”
[54] But if a man has done business as I have, going to sea on perilous journeys, and from his small profits has made these loans, wishing not only to confer favors, but to prevent his money from slipping through his fingers without his knowing it, why should one set him down in that class? — unless you mean this, that anyone who lends money to you ought to be detested by the public.
Read me, please, the depositions, to show what manner of man I am to those who lend money, and to those who need my help.” Depositions”
[55] τοιοῦτος, ὦ Πανταίνετε, ἐγώ, ὁ ταχὺ βαδίζων, καὶ τοιοῦτος σύ, ὁ ἀτρέμας. ἀλλὰ μὴν περὶ τοῦ ἐμοῦ γε βαδίσματος ἢ τῆς διαλέκτου, τἀληθῆ πάντ᾽ ἐρῶ πρὸς ὑμᾶς, ὦ ἄνδρες δικασταί, μετὰ παρρησίας. ἐγὼ γὰρ οὐχὶ λέγηθ᾽ ἐμαυτόν, οὐδ᾽ ἀγνοῶ, οὐ τῶν εὖ πεφυκότων κατὰ ταῦτ᾽ ὢν ἀνθρώπων, οὐδὲ τῶν λυσιτελούντως ἑαυτοῖς. εἰ γὰρ ἐν οἷς μηδὲν ὠφελοῦμαι ποιῶν, λυπῶ τινάς, πῶς οὐκ ἀτυχῶ κατὰ τοῦτο τὸ μέρος;
[55] Such am I, Pantaenetus, the fast walker, and such are you, who walk slowly. However, regarding my gait and my manner of speech, I will tell you the whole truth, men of the jury, with all frankness. I am perfectly aware — I am not blind to the fact — that I am not one of those favored by nature in these respects, nor of those who are an advantage to themselves. For if in matters in which I reap no profit, I annoy others, surely I am to this extent unfortunate.
[56] ἀλλὰ τί χρὴ παθεῖν; ἂν τῷ δεῖνι δανείσω, διὰ ταῦτα δίκην προσοφλεῖν; μηδαμῶς. κακίαν γὰρ ἐμοὶ καὶ πονηρίαν οὔθ᾽ οὗτος προσοῦσαν οὐδεμίαν δείξει, οὔθ᾽ ὑμῶν τοσούτων ὄντων οὐδὲ εἷς σύνοιδεν. τἄλλα δὲ ταῦθ᾽ ἕκαστος ἡμῶν, ὅπως ἔτυχεν, πέφυκεν οἶμαι. καὶ φύσει μάχεσθαι μὲν ἔχοντ᾽ οὐκ εὔπορόν ἐστιν （οὐ γὰρ ἂν ἀλλήλων διεφέρομεν οὐδέν）, γνῶναι δ᾽ ἰδόνθ᾽ ἕτερον καὶ ἐπιπλῆξαι ῥᾴδιον.
[56] But what is to come of it? If I lend money to so-and-so, am I for this reason also to lose my suit? Surely not. The plaintiff cannot point out any baseness or villainy attaching to me, nor does a single one among you, many as you are, know any such thing against me. As to these other qualities, each one of us, I take it, is as nature happened to make him; and to fight against nature, when one has these characteristics, is no easy task （for otherwise we should not differ from one another）; though to recognize them in looking on another and to criticize them is easy.
[57] ἀλλὰ τί τούτων ἐμοὶ πρὸς σέ, Πανταίνετε; πολλὰ καὶ δεινὰ πέπονθας; οὐκοῦν εἴληφας δίκην. οὐ παρ᾽ ἐμοῦ γε; οὐδὲ γὰρ ἠδικήθης οὐδὲν ὑπ᾽ ἐμοῦ. οὐ γὰρ ἄν ποτ᾽ ἀφῆκας, οὐδ᾽, ὅτ᾽ Εὐέργῳ προῃροῦ λαγχάνειν, εἴασας ἐμέ, οὐδὲ πρατῆρ᾽ ἠξίωσας ὑποστῆναι τόν γε δεινά σε καὶ πόλλ᾽ εἰργασμένον. εἶτα καὶ πῶς ἂν ὁ μὴ παρὼν μηδ᾽ ἐπιδημῶν ἐγώ τί σ᾽ ἠδίκησα;
[57] But which one of these qualities has any bearing on my dispute with you, Pantaenetus? You have suffered many grievous wrongs? Well, you have had satisfaction. Not from me? No; for you were not wronged in any way by me. Otherwise you would never have given me the release, nor, when you were making up your mind to bring suit against Evergus, would you have passed me by; nor would you have demanded that one who had done you many grievous wrongs should undertake to be vendor of the property. Besides, how could I have wronged you, when I was not present or even in the country?
[58] εἰ τοίνυν ὡς οἷόν τε μέγιστ᾽ ἠδικῆσθαι δοίη τις αὐτῷ καὶ ἐρεῖν ἅπαντ᾽ ἀληθῆ περὶ τούτων νυνί, ἐκεῖνό γ᾽ οἶμαι πάντας ἂν ὑμᾶς ὁμολογῆσαι, ὅτι πολλὰ συμβέβηκεν ἠδικῆσθαί τισιν ἤδη μείζω τῶν εἰς χρήματα γιγνομένων ἀδικημάτων: καὶ γὰρ ἀκούσιοι φόνοι καὶ ὕβρεις εἰς ἃ μὴ δεῖ καὶ πόλλ᾽ ἄλλα τοιαῦτα γίγνεται. ἀλλ᾽ ὅμως ἁπάντων τούτων ὅρος καὶ λύσις τοῖς παθοῦσι τέτακται τὸ πεισθέντας ἀφεῖναι.
[58] Well then, suppose one should grant that Pantaenetus has suffered the greatest possible wrongs, and that everything which he will now allege about these matters is true, this, at least, I presume, you would all admit: that it has happened to others ere now to have suffered many wrongs more serious than pecuniary wrongs. For involuntary homicides, outrages on what is sacred, and many other such crimes are committed; yet in all these cases the fact that they have yielded to persuasion and given a release is appointed for the parties wronged as a limit and settlement of the dispute.
[59] καὶ τοῦθ᾽ οὕτω τὸ δίκαιον ἐν πᾶσιν ἰσχύει, ὥστ᾽ ἐὰν ἑλών τις ἀκουσίου φόνου καὶ σαφῶς ἐπιδείξας μὴ καθαρόν, μετὰ ταῦτ᾽ αἰδέσηται καὶ ἀφῇ, οὐκέτ᾽ ἐκβαλεῖν κύριος τὸν αὐτόν ἐστιν. οὐδέ γ᾽, ἂν ὁ παθὼν αὐτὸς ἀφῇ τοῦ φόνου, πρὶν τελευτῆσαι, τὸν δράσαντα, οὐδενὶ τῶν λοιπῶν συγγενῶν ἔξεστ᾽ ἐπεξιέναι, ἀλλ᾽ οὓς ἐκπίπτειν καὶ φεύγειν, �
�ν ἁλίσκωνται, καὶ τεθνάναι προστάττουσιν οἱ νόμοι, τούτους, ἐὰν ἀφεθῶσιν ἅπαξ, ἁπάντων ἐκλύει τῶν δεινῶν τοῦτο τὸ ῥῆμα.
[59] And this just principle is so binding among all men, that if anyone having convicted another of involuntary homicide, and clearly shown him to be polluted, subsequently takes pity on him and releases him, he has no longer the right to have the same person driven into exile. Again, if the victim himself before his death releases the murderer from bloodguiltiness, it is not lawful for any of the remaining kinsmen to prosecute; but those whom the laws sentence to banishment and exile and death, upon conviction, if they are once released, are by that word freed from all evil consequences.
[60] εἶθ᾽ ὑπὲρ μὲν ψυχῆς καὶ τῶν μεγίστων οὕτως ἰσχύει καὶ μένει τὸ ἀφεῖναι, ὑπὲρ δὲ χρημάτων καὶ ἐλαττόνων ἐγκλημάτων ἄκυρον ἔσται; μηδαμῶς. οὐ γὰρ εἰ μὴ τῶν δικαίων ἐγὼ παρ᾽ ὑμῖν τεύξομαι, τοῦτ᾽ ἔστι δεινότατον, ἀλλ᾽ εἰ πρᾶγμα δίκαιον ὡρισμένον ἐκ παντὸς τοῦ χρόνου νῦν καταλύσετ᾽ ἐφ᾽ ἡμῶν.
[60] If, then, when life and all that is most precious are at stake, a release has this power and validity, shall it be without effect when money is at stake, or claims of lesser importance? Surely not. For the thing most to be feared is, not that I should fail to obtain justice in your court, but that you should now in our day do away with a just practice, established from the beginning of time.
Παραγραφὴ πρὸς Ναυσίμακον καὶ Ξενοπείθην — AGAINST NAUSIMACHUS AND XENOPEITHES
[1] δεδωκότων, ὦ ἄνδρες δικασταί, τῶν νόμων παραγράψασθαι περὶ ὧν ἄν τις ἀφεὶς καὶ ἀπαλλάξας πάλιν δικάζηται, γεγενημένων ἀμφοτέρων τούτων τῷ πατρὶ πρὸς Ναυσίμαχον καὶ Ξενοπείθην τοὺς εἰληχότας ἡμῖν, παρεγραψάμεθα, ὥσπερ ἠκούσατ᾽ ἀρτίως, μὴ εἰσαγώγιμον εἶναι τὴν δίκην.
[1] Inasmuch as the laws, men of the jury, have granted that a special plea may be entered in cases where a man, after giving a release and discharge, nevertheless brings suit, and as both of these have been given to our father by Nausimachus and Xenopeithes who have commenced suit against us, we have pleaded, as you have just now heard, that their suit is not admissible.
[2] δεήσομαι δὲ καὶ δίκαια καὶ μέτρι᾽ ὑμῶν ἁπάντων, πρῶτον μὲν εὐνοϊκῶς ἀκοῦσαί μου λέγοντος, εἶτ᾽, ἐὰν ἀδικεῖσθαι δοκῶ καὶ μὴ προσήκοντος ἐγκλήματος φεύγειν δίκην, βοηθῆσαί μοι τὰ δίκαια. ὃ μὲν γὰρ ὑμεῖς ἐπὶ τῇ δίκῃ τίμημ᾽ ἀκηκόατε, τριάκοντα μναῖ εἰσιν, ὧν δὲ φεύγομεν χρημάτων, τέτταρα τάλαντα. ὄντες γὰρ δύο τέτταρας εἰλήχασι δίκας ἡμῖν, τῶν αὐτῶν χρημάτων πάσας, τρισχιλίων ἑκάστην, βλάβης: καὶ νυνὶ πρὸς τριάκοντα μνῶν ἐπίγραμμα, ὑπὲρ τοσούτων χρημάτων εἰς ἀγῶνα καθέσταμεν.
[2] I shall make of you all a just and reasonable request: first, that you listen to my words with goodwill, and, secondly, that if you think that I am being wronged and made defendant in a suit which has no valid basis, you render me the succor which is my due. The damages claimed in the action are, as you have heard, thirty minae; but the sum for which we are really being sued is four talents. For there are two of them, and they have entered four suits against us, all for a like amount, each for three thousand drachmae damages; and now on a complaint for thirty minae we are brought to trial for so large a sum.
[3] τὴν μὲν οὖν συκοφαντίαν τὴν τούτων, καὶ μεθ᾽ ὅσης ἐπιβουλῆς ἐληλύθασιν ἐφ᾽ ἡμᾶς, ἐξ αὐτῶν τῶν πεπραγμένων εἴσεσθε. ἀναγνώσεται δὲ πρῶτον ὑμῖν τὰς μαρτυρίας, ὡς ἀφεῖσαν τὸν πατέρ᾽ ἡμῶν ὧν ἐνεκάλεσαν εἰς τὴν ἐπιτροπήν: κατὰ γὰρ τοῦτο καὶ παρεγραψάμεθα μὴ εἰσαγώγιμον εἶναι τὴν δίκην. καί μοι λέγε ταυτασὶ τὰς μαρτυρίας.”Μαρτυρίαι”
[3] The malicious actions of these men, and the guile with which they have proceeded against us, you will come to know from the facts themselves. But first the clerk shall read to you the depositions which show that they released our father from the charges which they made on the matter of his guardianship; for it is on this ground that we entered our plea that the action is not maintainable.
Please read these depositions.” Depositions”
[4] ὅτι μὲν τοίνυν, ὦ ἄνδρες δικασταί, καὶ δίκας ἔλαχον τῆς ἐπιτροπῆς καὶ ἀφεῖσαν ταύτας καὶ τὰ συγχωρηθέντα χρήματ᾽ ἔχουσιν, ἀκούετε τῶν μαρτυριῶν. ὅτι δ᾽ οὐκ ἐῶσιν οἱ νόμοι περὶ τῶν οὕτω πραχθέντων αὖθις δικάζεσθαι, νομίζω μὲν ἅπαντας ὑμᾶς εἰδέναι, κἂν μηδὲν εἴπω περὶ αὐτῶν ἐγώ, βούλομαι δ᾽ ὅμως καὶ τὸν νόμον ὑμῖν αὐτὸν ἀναγνῶναι. λέγε τὸν νόμον.”Νόμος”
[4] That they entered suit, men of the jury, regarding the guardianship; that they dropped those actions; and that they have in their possession the sums of money agreed upon, you hear from the witnesses. That the laws do not allow suit to be entered afresh regarding matters which have been thus settled, I presume you know, even if I say nothing about the matter; nevertheless I want to read you the law itself.
Read the law.” Law”
[5] ἀκούετ᾽, ὦ ἄνδρες δικασταί, τοῦ νόμου σαφῶς λέγοντος ἕκαστα, ὧν μὴ εἶναι δίκας: ὧν ἕν ἐστιν, ὁμοίως τοῖς ἄλλοις κύριον, περὶ ὧν ἄν τις ἀφῇ καὶ ἀπαλλάξῃ, μὴ δικάζεσθαι. οὕτω τοίνυν καὶ μετὰ πολλῶν μαρτύρων τῆς ἀφέσεως γεγονυίας, καὶ φανερῶς ἀπολύοντος ἡμᾶς τοῦ νόμου, εἰς τοῦτ᾽ ἐληλύθασιν ἀναισχυντίας οὗτοι καὶ τόλμης,
[5] You hear the law, men of the jury, expressly stating the several cases in which there shall be no actions. One of them （and it is as binding as any of the others） is that suit may not be brought in matters for which anyone has given a release and discharge. Yet, although the release was thus given in the presence of numerous witnesses, and although the law manifestly absolves us, these men have come to such a pitch of shamelessness and audacity,
[6] ὥστε τεττάρων μὲν καὶ δέκ᾽ ἐτῶν γεγενημένων ἀφ᾽ οὗ τὸν πατέρ᾽ ἡμῶν ἀφεῖσαν, εἴκοσι δὲ καὶ δυοῖν ἀφ᾽ οὗ τυγχάνουσιν ἐγγεγραμμένοι, τετελευτηκότος δὲ καὶ τοῦ πατρὸς τοῦ ἡμετέρου, πρὸς ὃν αὐτοῖς ἐγένονθ᾽ αἱ διαλλαγαί, καὶ τῶν ἐπιτρόπων, οἳ μετὰ τὸν ἐκείνου θάνατον τῶν ἡμετέρων ἐγένοντο κύριοι, καὶ τῆς ἑαυτῶν μητρός, ἥτις ἅπαντα ταῦτ᾽ ᾔδει, καὶ διαιτητῶν καὶ μαρτύρων καὶ πάντων τῶν πλείστων ὡς εἰπεῖν, τὴν ἡμετέραν ἀπειρίαν καὶ τὴν ἐξ ἀνάγκης ἄγνοιαν τῶν πεπραγμένων ἕρμαιον νομίσαντες ἑαυτῶν, τὰς
δίκας ἡμῖν ἔλαχον ταυτασί, καὶ λόγον οὔτε δίκαιον οὔτ᾽ ἐπιεικῆ τολμῶσι λέγειν.
[6] that, when fourteen years have elapsed from the time when they gave my father a release, and twenty-two years after they had first indicted him, when my father was now dead, with whom the settlement had been made and also the guardians who after his death had charge of our property, when their own mother, too, was dead, who was well-informed regarding all these matters, and the arbitrators, the witnesses, and almost everybody else, if I may so say, counting our inexperience and necessary ignorance a boon to themselves, they have instituted these suits against us, and have the audacity to make statements which are neither just nor reasonable.
[7] φασὶ γὰρ οὐκ ἀποδόσθαι τὰ πατρῷ᾽ ὧν ἐκομίζοντο χρημάτων, οὐδ᾽ ἀποστῆναι τῶν ὄντων, ἀλλ᾽ ὅσ᾽ αὐτοῖς κατελείφθη χρέα καὶ σκεύη καὶ ὅλως χρήματα, ταῦθ᾽ ἑαυτῶν γίγνεσθαι. ἐγὼ δ᾽ οἶδ᾽ ἀκούων ὅτι τὴν οὐσίαν Ξενοπείθης καὶ Ναυσικράτης ἅπασαν χρέα κατέλιπον, καὶ φανερὰν ἐκέκτηντο μικράν τινα: εἰσπραχθέντων δὲ τῶν χρεῶν καί τινων σκευῶν πραθέντων, ἔτι δ᾽ ἀνδραπόδων, καὶ τὰ χωρία καὶ τὰς συνοικίας ἐπρίανθ᾽ οἱ ἐπίτροποι, ἃ παρέλαβον οὗτοι.