by Demosthenes
[19] ἐμοὶ γὰρ πρὸς Θεόφημον συμβόλαιον μὲν οὐδὲν πώποτε πρότερον ἐν τῷ βίῳ ἐγένετο, οὐδ᾽ αὖ κῶμος ἢ ἔρως ἢ πότος, ὥστε διαφερόμενον περί τινος πλεονεκτήματος ἢ παροξυνόμενον ὑπὸ ἡδονῆς τινὸς ἐλθεῖν ἐπὶ τὴν οἰκίαν τὴν τούτου. ψηφισμάτων δὲ ὑμετέρων δήμου καὶ βουλῆς καὶ νόμου ἐπιτάξαντος, εἰσέπραξα τοῦτον ὀφείλοντα τῇ πόλει σκεύη τριηρικά. δι᾽ ὅτι δέ, ἐγὼ ὑμῖν διηγήσομαι.
[19] I never before at any time in my life had any business transaction with Theophemus, nor yet any revel or love-affair or drinking-bout, to lead me to go to his house, because of a quarrel with him about some matter in which he had got the better of me, or under the excitement of amorous passion. No, but in obedience to decrees passed by your assembly and senate and at the bidding of the law I demanded of him the ship’s equipment which he owed to the state. For what reason, I shall proceed to tell you.
[20] ἔτυχεν ἔκπλους ὢν τριήρων καὶ βοήθεια ἀποστελλομένη διὰ τάχους. σκεύη οὖν ἐν τῷ νεωρίῳ οὐχ ὑπῆρχεν ταῖς ναυσίν, ἀλλ᾽ ἔχοντες οἱ ὀφείλοντες οὐκ ἀπεδίδοσαν: πρὸς δὲ τούτοις οὐδ᾽ ἐν τῷ Πειραιεῖ ὄντα ἄφθονα ὀθόνια καὶ στυππεῖον καὶ σχοινία, οἷς κατασκευάζεται τριήρης, ὥστε πρίασθαι. γράφει οὖν Χαιρέδημος τὸ ψήφισμα τουτί, ἵνα εἰσπραχθῇ τὰ σκεύη ταῖς ναυσὶ καὶ σᾶ γένηται τῇ πόλει. καί μοι ἀνάγνωθι τὸ ψήφισμα.”Ψήφισμα”
[20] It chanced that some triremes were about to sail, a military force having to be despatched in haste. Now there was not in the dockyards equipment for the ships, but those from whom it was due, who had in their possession such equipment, had failed to return it; and furthermore there was not available for purchase in the Peiraeus either an adequate supply of sail-cloth and tow and cordage, which serve for the equipment of a trireme. Chaeridemus, therefore, proposed this decree, in order that the equipment for the ships might be recovered and kept safe for the state.
Read the decree, please.” Decree”
[21] τούτου τοίνυν τοῦ ψηφίσματος γεγενημένου, ἡ μὲν ἀρχὴ ἐπεκλήρωσεν καὶ παρέδωκε τοὺς ὀφείλοντας τὰ σκεύη τῇ πόλει, οἱ δὲ τῶν νεωρίων ἐπιμεληταὶ τοῖς τριηράρχοις τοῖς ἐκπλέουσιν τότε καὶ τοῖς ἐπιμεληταῖς τοῖς ἐν ταῖς συμμορίαις. ὁ δὲ νόμος ὁ τοῦ Περιάνδρου ἠνάγκαζεν καὶ προσέταττεν παραλαβεῖν τοὺς ὀφείλοντας τὰ σκεύη, καθ᾽ ὃν αἱ συμμορίαι συνετάχθησαν. πρὸς δὲ τούτοις ἕτερον ψήφισμα δήμου ἠνάγκαζε τὸ πρὸς μέρος ἡμῖν διδόναι τῶν ὀφειλόντων ἕκαστον εἰσπράξασθαι.
[21] When this decree had been passed, the magistrates chose by lot those who owed the ship’s equipment to the state and handed over their names, and the overseers of the dockyards passed on the list to the trierarchs who were then about to sail, and to the overseers of the navy-boards. The law of Periander forced us and laid command upon us to receive the list of those who owed equipment to the state, — I mean the law in accordance with which the navy-boards were constituted. And besides this another decree of the people compelled them to assign to us the several debtors that we might recover from each man his proportionate amount.
[22] ἔτυχον δὴ ἐγὼ μὲν τριηραρχῶν καὶ ἐπιμελητὴς ὢν τῆς συμμορίας, Δημοχάρης δὲ ὁ Παιανιεὺς ἐν τῇ συμμορίᾳ ὢν καὶ ὀφείλων τῇ πόλει σκεύη μετὰ Θεοφήμου τουτουί, συντριήραρχος γενόμενος. γεγραμμένους οὖν αὐτοὺς ἀμφοτέρους ἐν τῇ στήλῃ ὀφείλοντας τὰ σκεύη τῇ πόλει ἡ ἀρχὴ παραλαβοῦσα παρὰ τῆς προτέρας ἀρχῆς, ἡμῖν παρέδωκεν κατά τε τὸν νόμον καὶ τὰ ψηφίσματα.
[22] Now I, as it happened, was a trierarch and overseer of the navy-board, and Demochares of Paeania was in the navy-board, and was indebted to the state for the equipment of a ship in conjunction with Theophemus here, for he had served as joint trierarch with him. Both their names, then, had been inscribed on the stelê as indebted to the state for the ship’s equipment, and the magistrates, receiving their names from those in office before them, gave them over to us in accordance with the law and the decrees.
[23] ἐξ ἀνάγκης οὖν ἦν μοι παραλαβεῖν, ἐπεὶ ἐν τῷ πρόσθε χρόνῳ πολλὰς τριηραρχίας τετριηραρχηκὼς ὑμῖν οὐδεπώποτε ἔλαβον σκεύη ἐκ τοῦ νεωρίου, ἀλλ᾽ αὐτὸς ἰδίᾳ παρεσκεύαζον, ὁπότε δέοι, ἵνα ὡς ἐλάχιστα πράγματα ἔχοιμι πρὸς τὴν πόλιν: τότε δὲ κατά τε τὰ ψηφίσματα καὶ τὸν νόμον ἠναγκαζόμην παραλαμβάνειν.
[23] It was therefore a matter of necessity for us to receive them. I must tell you that hitherto, although I had often served as your trierarch, I had never taken equipment from the dockyards, but had supplied it at my own private expense whenever need arose, in order that I might have as little trouble as possible with the state. On this occasion, however, I was compelled to take over the names in accordance with the decrees and the law.
[24] ὡς δὲ ταῦτα ἀληθῆ λέγω, τούτων ὑμῖν μάρτυρας παρέξομαι τό τε ψήφισμα καὶ τὸν νόμον, ἔπειτα τὴν ἀρχὴν αὐτὴν τὴν παραδοῦσαν καὶ εἰσαγαγοῦσαν εἰς τὸ δικαστήριον, εἶτα τοὺς ἐκ τῆς συμμορίας, ἧς ἦν ἐπιμελητὴς καὶ τριήραρχος. καί μοι ἀνάγνωθι.”Νόμος”“Ψήφισμα”“Μαρτυρίαι”
[24] To prove that I am speaking the truth in this, I shall produce as witnesses supporting these facts, the decree and the law, next the magistrate who gave the names over to me and who brought the case into court, and finally the members of the navy-board in which I was overseer and trierarch.
Read, please.” Law ““ Decree ““ Depositions”
[25] ὡς μὲν τοίνυν πολλή μοι ἀνάγκη ἦν παραλαβεῖν τοὺς ὀφείλοντας τῇ πόλει, τοῦ τε νόμου ἀκούετε καὶ τῶν ψηφισμάτων: ὡς δὲ καὶ παρέλαβον παρὰ τῆς ἀρχῆς, ὁ παραδοὺς ὑμῖν μεμαρτύρηκεν. σκέψασθαι οὖν ὑμᾶς εἰκός ἐστιν ἐξ ἀρχῆς, ὦ ἄνδρες δικασταί, τοῦτο πρῶτον, πότερον ἐγὼ ἠδίκουν ὁ ἀναγκαζόμενος εἰσπρᾶξαι τὸν Θεόφημον, ἢ Θεόφημος, ὃς ὀφείλων τῇ πόλει τὰ σκεύη πολὺν χρόνον οὐκ ἀπεδίδου.
[25] That it was absolutely necessary, therefore, for me to take over the names of those indebted to the state, you have heard from the law and the decrees; and that I took them over from the magistrate, the one who delivered them to me has testified. So, then, the first question for you to consider at the outset, men of the jury, is this, whether the wrongdoer was I, who was compelled to recover from Theophemus what he owed, or Theophemus, who had long owed the equipment to the state and refused to give it back.
[26] ἐὰν γὰρ καθ᾽ ἕκαστον σκοπῆτε, εὑρήσ
ετε τὸν Θεόφημον ἅπαντα ἀδικοῦντα, καὶ ταῦτα οὐχ ὑπ᾽ ἐμοῦ μόνον λόγῳ εἰρημένα, ἀλλὰ καὶ ὑπὸ τῆς βουλῆς καὶ τοῦ δικαστηρίου ψήφῳ κεκριμένα. ἐπειδὴ γὰρ παρέλαβον αὐτὸν παρὰ τῆς ἀρχῆς, προσελθὼν αὐτῷ πρῶτον μὲν ἀπῄτουν τὰ σκεύη: ὡς δὲ τοῦτό μου εἰπόντος οὐκ ἀπεδίδου, ὕστερον αὐτῷ περιτυχὼν περὶ τὸν Ἑρμῆν τὸν πρὸς τῇ πυλίδι προσεκαλεσάμην πρός τε τοὺς ἀποστολέας καὶ πρὸς τοὺς τῶν νεωρίων ἐπιμελητάς: οὗτοι γὰρ εἰσῆγον τότε τὰς διαδικασίας εἰς τὸ δικαστήριον περὶ τῶν σκευῶν.
[26] For if you look at each matter severally, you will find that Theophemus was wholly in the wrong, and that this is not merely a statement of mine but a fact decided by vote of the senate and the court. For when I had received his name from the magistrate, I approached him and first demanded the ship’s equipment; when he refused to give it back on my making this statement, I subsequently fell in with him near the Hermes which stands by the little gate and summoned him before the despatching board and the overseers of the dockyards; for it was they who at that time brought into court suits regarding ship’s equipments.
[27] ὡς δὲ ἀληθῆ λέγω, τούτων ὑμῖν μάρτυρας τοὺς κλητεύσαντας παρέξομαι.”Μάρτυρες”
ὅτι μὲν τοίνυν προσεκλήθη ὑπ᾽ ἐμοῦ, οἱ κλητῆρές μοι μεμαρτυρήκασιν: ὡς δὲ εἰσήχθη εἰς τὸ δικαστήριον, λαβέ μοι τὴν μαρτυρίαν τῶν ἀποστολέων καὶ τῆς ἀρχῆς.”Μαρτυρία”
[27] To prove that I am speaking the truth, I shall produce as witnesses to these facts those who served the summons.” Witnesses”
That he was summoned by me, then, has been testified to you by those who served the summons; now to prove that he was brought into court, take the deposition of the despatching board and the magistrates.” Deposition”
[28] ὃν μὲν τοίνυν ᾤμην πράγματα παρέξειν μοι Δημοχάρην τὸν Παιανιέα, πρὶν μὲν εἰσαχθῆναι εἰς τὸ δικαστήριον ἦν ἀηδής, ἐπειδὴ δὲ εἰσήχθη καὶ ἑάλω, ἀπέδωκεν τὸ καθ᾽ ἑαυτὸν μέρος τῶν σκευῶν. ὃν δ᾽ οὐκ ἂν ᾠήθην εἰς τοσοῦτον πονηρίας ἐλθεῖν ὥστε τολμῆσαι ἄν ποτε τὴν πόλιν ἀποστερῆσαι τὰ σκεύη, εἰς τοσοῦτο δικῶν καὶ πραγμάτων προβέβηκεν. καὶ παρὼν μὲν πρὸς τῷ δικαστηρίῳ, ὅτε εἰσήγετο, οὐδαμοῦ ἠντεδίκησεν, οὐδὲ ἀπεγράψατο διαδικασίαν πρὸς οὐδένα, εἴ τινά φησιν ἕτερον ἔχειν τὰ σκεύη καὶ μὴ προσήκειν αὑτῷ ἀποδοῦναι, ἀλλ᾽ εἴασεν καθ᾽ αὑτοῦ ψῆφον ἐπαχθῆναι:
[28] The one who I thought would give me trouble, Demochares of Paeania, was indeed disagreeable before he was brought into court, but after he had been tried and convicted he returned the part of the ship’s equipment that was due from him. But the one whom I should never have expected to go to such an extreme of rascality that he would ever dare to rob the state of the equipment, has gone ahead with all these troublesome lawsuits. He was present in the court-room when the suit was brought in, but never made any defence, nor did he give in the name of anyone for an adjudication, as he should have done, if he claims that someone else has the equipment and that it was not his duty to give it back; but he suffered the verdict to be given against him;
[29] ἐπειδὴ δὲ ἀπῆλθεν ἐκ τοῦ δικαστηρίου, οὐδὲν μᾶλλον ἀπεδίδου, ἀλλ᾽ ᾤετο ἐν μὲν τῷ παρόντι αὐτὸς ἐκποδὼν γενόμενος ἡσυχίαν ἕξειν, ἕως ἂν ἐγώ τε ἐκπλεύσω καὶ αἱ νῆες καὶ χρόνος ἐγγένηται, καὶ ἐμέ, ἃ οὗτος ὤφειλεν σκεύη τῇ πόλει, ἀναγκασθήσεσθαι ἀποδοῦναι ἥκοντα ἐνθάδε ἢ τῷ διαδόχῳ, ὃς ἂν ἔλθῃ ἐκ τῆς συμμορίας ἐπὶ τὴν ναῦν. τί γὰρ ἂν καὶ ἀντέλεγον αὐτῷ ψηφίσματα καὶ νόμους παρεχομένῳ, ὡς προσῆκεν ἐμὲ εἰσπρᾶξαι τὰ σκεύη;
[29] yet after he left the courtroom he did not pay any the more because of that, but decided that for the time being he would keep out of the way and remain quiet until I should have sailed with the fleet, and some time should have elapsed, thinking that I should have to pay for the equipment which he owed to the state either when I returned here, or else to my successor who should come from the navy-boards to take command of the ship. For what answer could I have given this man, when he produced decrees and laws showing that I was obliged to recover the equipment?
[30] ὁ δὲ Θεόφημος χρόνου ἐγγεγενημένου, ὁπότε αὐτὸν ἥκων ἀπαιτοίην, ἔμελλε φήσειν ἀποδεδωκέναι, καὶ τούτοις τεκμηρίοις καταχρήσεσθαι ὡς ἀποδέδωκεν, τῷ καιρῷ, τῇ χρείᾳ, ὡς οὐκ ἠλίθιος ἦν οὐδ᾽ αὖ φίλος αὐτῷ γενόμενος οὐδεπώποτε ὥστ᾽ ἐπισχεῖν: ὥστε τί ἄν ποτε βουλόμενος ἐγώ, τριηραρχῶν μὲν τῇ πόλει, ἐπιμελητὴς δὲ ὢν τῆς συμμορίας, ψηφισμάτων δὲ τοιούτων καὶ νόμου ὄντος, περὶ τὴν εἴσπραξιν ἐπέσχον ἂν τούτῳ;
[30] And Theophemus, after a lapse of time, when I had come back and made demands upon him, would have said that he had paid back the equipment, and to show that he had paid would have insisted upon these proofs — the crisis, the urgency, and that I was not such a fool and had never been such a friend of his as to wait; for what possible reason, then, when I was serving the state as trierarch and was overseer of the navy-board, and when decrees of such a nature and such a law were in force, should I have obliged him by delaying the collection?
[31] ταύτην τὴν διάνοιαν ἔχων ὁ Θεόφημος τότε μὲν οὐκ ἀπεδίδου τὰ σκεύη, ἀλλ᾽ ἐκποδὼν ἦν, ὕστερον δὲ ᾤετό με ἀποστερήσειν, πρὸς δὲ τούτοις εἰς ὅρκον καταφυγὼν ῥᾳδίως ἐπιορκήσειν, ὅπερ καὶ ἄλλοις πεποίηκεν. δεινὴ γὰρ ἡ πλεονεξία τοῦ τρόπου περὶ τὰ διάφορα, ὡς ἐγὼ ἔργῳ ὑμῖν ἐπιδείξω. ταῦτα γὰρ τὰ σκεύη ὀφείλων ὁ Θεόφημος τῇ πόλει εἰς Ἀφαρέα ἀνέφερεν λόγῳ, ἔργῳ δὲ οὐκ ἀπεγράψατο πρὸς αὐτὸν διαδικασίαν, εὖ εἰδὼς ὅτι ἐλεγχθήσεται ψευδόμενος, ἐὰν εἰσέλθῃ εἰς δικαστήριον.
[31] It was because Theophemus reasoned in this way that he then refused to restore the equipment but kept himself out of the way, and thought that later on he would he able to rob me; and besides this, he could take refuge in an oath and perjure himself without trouble, a thing which he has done to others also. For the greediness of the man’s character in matters where his interests are involved is dreadful, as I shall show you in fact. For Theophemus, while owing this equipment to the state, made a pretence of shifting the charge to Aphareus, but in actual fact he never reported his name for an adjudication, well knowing that he would be convicted of falsehood, if he should come into court.
[32] ὁ γὰρ Ἀφαρεὺς ἐξήλεγχεν αὐτὸν τιμὴν λογισάμενον αὑτῷ �
�ῶν σκευῶν καὶ λαβόντα παρ᾽ αὑτοῦ, ὅτε παρελάμβανεν τὴν τριηραρχίαν. νῦν δέ φησι Δημοχάρει παραδοῦναι, καὶ δικάζεται τοῖς παιδίοις τοῖς Δημοχάρους τετελευτηκότος τοῦ Δημοχάρους. ὅτε δ᾽ ἔζη ὁ Δημοχάρης, οὐκ ἀπεγράψατο πρὸς αὐτὸν διαδικασίαν ὁ Θεόφημος, εἰσπραττόμενος ὑπ᾽ ἐμοῦ τὰ σκεύη, ἀλλ᾽ ἐβούλετο ἐπὶ προφάσει χρόνου ἐγγενομένου ἀποστερῆσαι τὴν πόλιν τὰ σκεύη. ὡς δ᾽ ἀληθῆ λέγω, ἀναγνώσεται τὰς μαρτυρίας.”Μαρτυρίαι”
[32] For Aphareus proved that Theophemus had reckoned up against him the cost of the equipment and had got the money from him, when he took over the trierarchy. Now Theophemus maintains that he gave it over to Demochares, and he is suing the children of Demochares, who is now dead. But, while Demochares lived, Theophemus did not report his name for an adjudication when he was being sued by me for the equipment; he merely wished, on the pretence of the lapse of time, to rob the state of the equipment.