by Demosthenes
To prove that I am speaking the truth, the clerk shall read you the depositions.” Depositions”
[33] ταῦτα τοίνυν ἐγὼ πάντα ἐνθυμούμενος, καὶ ἀκούων τὸν Θεόφημον τῶν πεπλησιακότων οἷος εἴη περὶ τὰ διάφορα, καὶ οὐκ ἀπολαμβάνων τὰ σκεύη παρ᾽ αὐτοῦ, προσῄειν πρός τε τοὺς ἀποστολέας καὶ τὴν βουλήν καὶ τὸν δῆμον, λέγων ὅτι οὐκ ἀποδίδωσί μοι τὰ σκεύη ὁ Θεόφημος, ἃ ὦφλεν ἐν τῷ δικαστηρίῳ. προσῇσαν δὲ καὶ οἱ ἄλλοι τριήραρχοι τῇ βουλῇ, ὅσοι μὴ παρελάμβανον παρὰ τῶν ὀφειλόντων τὰ σκεύη. καὶ πολλῶν λόγων γενομένων ἀποκρίνεται ἡμῖν ἡ βουλὴ ψηφίσματι, ὃ ἀναγνώσεται ὑμῖν, εἰσπράττεσθαι τρόπῳ ᾧ ἂν δυνώμεθα.”Ψήφισμα”
[33] Bearing all these facts in mind, therefore, and hearing from those who had had dealings with Theophemus what sort of a man he was in matters where his interests were involved, and failing to recover the equipment from him, I approached the despatching board and the senate, stating that Theophemus would not return to me the equipment for which he was accountable by judgement of the court. And the other trierarchs also approached the senate, all those who had not been able to recover the equipment from the persons bound to produce it. And after much argument the senate answered by a decree which the clerk shall read to you, instructing us to recover what was due in whatever way we could.” Decree”
[34] γενομένου τοίνυν τοῦ ψηφίσματος τούτου ἐν τῇ βουλῇ, καὶ οὐδενὸς γραφομένου παρανόμων, ἀλλὰ κυρίου ὄντος, προσελθὼν Εὐέργῳ τουτῳὶ τῷ ἀδελφῷ τοῦ Θεοφήμου, ἐπειδὴ τὸν Θεόφημον οὐχ οἷός τε ἦν ἰδεῖν, ἔχων τὸ ψήφισμα πρῶτον μὲν ἀπῄτησα τὰ σκεύη καὶ ἐκέλευσα αὐτὸν φράσαι τῷ Θεοφήμῳ, ἔπειτα διαλιπὼν ἡμέρας τινάς, ὡς οὐκ ἀπεδίδου τὰ σκεύη, ἀλλ᾽ ἐχλεύαζέ με, παραλαβὼν μάρτυρας ἠρόμην αὐτὸν πότερα νενεμημένος εἴη πρὸς τὸν ἀδελφὸν ἢ κοινὴ ἡ οὐσία εἴη αὐτοῖς.
[34] When, then, the decree had been passed by the senate, since no one indicted it for illegality, but it became valid, I approached this man Evergus, the brother of Theophemus, since I was unable to see Theophemus; and having the decree in my hand I first demanded the return of the equipment, and bade him inform Theophemus; then, after allowing a few days to pass, since he refused to return the equipment, but only jeered at me, I took some witnesses with me, and asked him whether he had divided the estate with his brother, or whether their property was held in common.
[35] ἀποκριναμένου δέ μοι Εὐέργου ὅτι νενεμημένος εἴη καὶ χωρὶς οἰκοίη ὁ Θεόφημος, αὐτὸς δὲ παρὰ τῷ πατρί, πυθόμενος οὗ ᾤκει ὁ Θεόφημος, λαβὼν παρὰ τῆς ἀρχῆς ὑπηρέτην ἦλθον ἐπὶ τὴν οἰκίαν τοῦ Θεοφήμου. καταλαβὼν δὲ αὐτὸν οὐκ ἔνδον ὄντα, ἐκέλευσα τὴν ἄνθρωπον τὴν ὑπακούσασαν μετελθεῖν αὐτὸν ὅπου εἴη, ταύτην ἣν μεμαρτυρήκασιν οὗτοι προκαλέσασθαι τὸν Θεόφημον παραδοῦναι, ἐγὼ δὲ ἐξαιτῶν οὐ δύναμαι παραλαβεῖν, ἵν᾽ ὑμεῖς τὴν ἀλήθειαν πύθησθε, ὁπότερος ἦρξεν χειρῶν ἀδίκων.
[35] On Evergus’s answering me that it had been divided and that Theophemus lived in a house by himself, but that he （Evergus） lived with his father, I thus learned where Theophemus lived, and taking with me a servant from the magistrates, I went to Theophemus’s house. As I did not find him at home, I bade the woman who answered the door to go and fetch him wherever he might be. This was the woman, whom, according to the depositions of these men, Theophemus offered to deliver up, but whom, after repeated demands, I cannot get from him, that you might learn the truth as to which party began the assault.
[36] ὡς δὲ ἀφικνεῖται ὁ Θεόφημος μετελθούσης αὐτὸν τῆς ἀνθρώπου, ἀπῄτουν αὐτὸν τὸ διάγραμμα τῶν σκευῶν, λέγων ὅτι ἤδη περὶ ἀναγωγὴν εἴην, καὶ ἐδείκνυον τὸ ψήφισμα τῆς βουλῆς. ὡς δὲ ταῦτά μου λέγοντος οὐκ ἀπεδίδου, ἀλλὰ ἠπείλει καὶ ἐλοιδορεῖτο, ἐκέλευσα τὸν παῖδα καλέσαι εἴ τινας ἴδοι τῶν πολιτῶν παριόντας ἐκ τῆς ὁδοῦ, ἵνα μάρτυρές μοι εἴησαν τῶν λεγομένων,
[36] But when Theophemus came in, after the woman had gone to fetch him, I asked for the inventory of the equipment, telling him that I was now on the point of sailing; and I showed him the decree of the senate. When, on my saying this, he refused to give it up, but began to threaten me and abuse me, I bade the boy call in from the street any citizens whom he might see passing by, that I might have them as witnesses to what was said,
[37] καὶ ἠξίουν πάλιν τὸν Θεόφημον ἢ αὐτὸν ἀκολουθεῖν πρὸς τοὺς ἀποστολέας καὶ τὴν βουλήν, καὶ εἰ μή φησιν ὀφείλειν, ἐκείνους πείθειν τοὺς παραδόντας καὶ ἀναγκάζοντας εἰσπράττειν, ἢ ἀποδιδόναι τὰ σκεύη: εἰ δὲ μή, ἐνέχυρα ἔφην λήψεσθαι κατά τε τοὺς νόμους καὶ τὰ ψηφίσματα. οὐδὲν δ᾽ ἐθέλοντος αὐτοῦ τῶν δικαίων ποιεῖν, ἦγον τὴν ἄνθρωπον ἑστηκυῖαν ἐπὶ τῇ θύρᾳ, τὴν μετελθοῦσαν αὐτόν.
[37] and I again made demand upon Theophemus either to go with me himself to the despatching board and the senate, and, if he denied that he was liable, to convince those who had given over the names and compelled us to seek to recover what was due, or else to pay back the equipment; otherwise, I declared that I should take goods as security in accordance with the laws and the decrees. Since he was not willing to do anything that was right, I started to lead away the woman who was standing by the door, the same one who had gone to fetch him.
[38] καὶ ὁ Θεόφημός με ἀφῃρεῖτο, καὶ ἐγὼ τὴν μὲν ἄνθρωπον ἀφῆκα, εἰς δὲ τὴν οἰκίαν εἰσῄειν, ἵνα ἐνέχυρόν τι λάβοιμι τῶν σκευῶν: ἔτυχεν γὰρ ἡ θύρα ἀνεῳγμένη, ὡς ἦλθεν ὁ Θεόφημος, καὶ ἔτι ἔμελλεν εἰσιέναι: καὶ ἐπεπύσμην αὐτὸν ὅτι οὐκ εἴη γεγαμηκώς. εἰσιόντος δέ μου παίει πὺξ ὁ Θεόφημος τὸ στόμα, καὶ ἐγὼ ἐπιμαρτυράμενος τοὺς παρόντας ἠμυνάμην.
[38] He seized her to prevent me, and I let go of the woman, but proceeded to enter the house to take some security for the equipment due; for the door, as it happened, had been opened when Theophemus came, and he had not yet gone in. I had already informed myself that he was not married. As I was going in Theophemus struck me on the mouth with his fist, and I, calling upon those who were present to bear witness, returned the blow.
[39] ὡς οὖν ἀληθῆ λέγω, καὶ ἦρξεν χειρῶν ἀδίκων ὁ Θεόφημος, οὐκ ἄλλοθεν δεῖν οἶμαι τὸν ἔλεγχον γενέσθαι ἢ ἐκ τῆς ἀνθρώπου, ἣν μεμαρτυρήκασιν οὗτοι οἱ μάρτυρες ὡς ἤθελεν ὁ Θεόφημος παραδιδόναι. ταύτῃ δὲ
τῇ μαρτυρίᾳ πρότερος εἰσελθὼν εἰς τὸ δικαστήριον, οὐ παραγραφομένου ἐμοῦ οὐδ᾽ ὑπομνυμένου διὰ τὸ καὶ πρότερόν ποτε ἐφ᾽ ἑτέρας δίκης ταῦτά με βλάψαι, ἐξηπάτησεν τοὺς δικαστὰς λέγων, οὓς μὲν ἐγὼ παρειχόμην μάρτυρας, τὰ ψευδῆ μαρτυρεῖν, τὴν δὲ ἄνθρωπον ἐρεῖν τὰς ἀληθείας βασανιζομένην.
[39] Now the proof that what I am saying is true, and that Theophemus began the assault, needs, I think, nothing else for its establishment than the testimony of the woman whom these witnesses have stated that Theophemus was ready to deliver up. By means of this testimony Theophemus, whose case came first into court, seeing that I did not enter a special plea or an affidavit for delay, since these measures had once been a disadvantage to me in a former suit, deceived the jurors, saying that the witnesses whom I had brought forward gave false testimony, but that this woman would tell the truth if she were put to the torture.
[40] οἷς δὲ τότε κατεχρῶντο λόγοις, νῦν αὐτοῖς ἐξελέγχονται ὑπεναντία ποιοῦντες: τὴν γὰρ ἄνθρωπον οὐ δύναμαι παραλαβεῖν πολλάκις ἐξαιτήσας, ὡς μεμαρτύρηται ὑμῖν. ἐπειδὴ τοίνυν τὴν ἄνθρωπον οὐ παραδιδόασιν, ἣν αὐτοὶ ἔφασαν προκαλέσασθαι, βούλομαι ὑμῖν καὶ τοὺς μάρτυρας παρασχέσθαι, οἳ εἶδόν με πρότερον πληγέντα ὑπὸ τοῦ Θεοφήμου （ἡ δὲ αἴκεια τοῦτ᾽ ἔστιν, ὃς ἂν ἄρξῃ χειρῶν ἀδίκων πρότερος） ἄλλως τε καὶ κατὰ τὸν νόμον καὶ κατὰ τὰ ψηφίσματα τὰ ὑμέτερα εἰσπράττοντα. καί μοι ἀνάγνωθι τὰ ψηφίσματα καὶ τὴν μαρτυρίαν.”Ψηφίσματα”“Μαρτυρία”
[40] But their actions now are shown to be the very opposite of the language which they then used with such insistence; for I am unable to get the woman for examination despite repeated demands, as has been stated to you by witnesses. Since, therefore, they refuse to deliver up the woman, whom they themselves declare that I was challenged to receive, I desire to call before you the witnesses who saw Theophemus deal me the first blow. And this is what constitutes assault, when a man commits the first act of violence, especially when he strikes one who is seeking to exact payment in accordance with the laws and your decrees.
Please read the decrees and the deposition.” Decrees ““ Deposition”
[41] ἐπειδὴ τοίνυν ἀφῃρέθην τὰ ἐνέχυρα ὑπὸ τοῦ Θεοφήμου καὶ συνεκόπην, ἐλθὼν εἰς τὴν βουλὴν τάς τε πληγὰς ἔδειξα καὶ ἃ πεπονθὼς ἦν εἶπον, καὶ ὅτι εἰσπράττων τῇ πόλει τὰ σκεύη. ἀγανακτήσασα δ᾽ ἡ βουλὴ ἐφ᾽ οἷς ἐγὼ ἐπεπόνθειν, καὶ ἰδοῦσά με ὡς διεκείμην, καὶ ἡγησαμένη ὑβρίσθαι οὐκ ἐμέ, ἀλλ᾽ ἑαυτὴν καὶ τὸν δῆμον τὸν ψηφισάμενον καὶ τὸν νόμον τὸν ἀναγκάσαντα εἰσπράττειν τὰ σκεύη,
[41] So when the pledge which I had seized had been taken from me by Theophemus, and I had been beaten, I went to the senate and showed them the marks of the blows, and told them how I had been treated, and also that it was while I was seeking to collect for the state the ship’s equipment. The senate, angered at the treatment which I had received and seeing the plight that I was in, thinking, too, that the insult had been offered, not to me, but to itself and the assembly which had passed the decree and the law which compelled us to exact payment for the equipment, —
[42] ἐκέλευεν εἰσαγγέλλειν με, καὶ τοὺς πρυτάνεις προγράφειν αὐτῷ τὴν κρίσιν ἐπὶ δύο ἡμέρας ὡς ἀδικοῦντι καὶ διακωλύοντι τὸν ἀπόστολον, διότι τὰ σκεύη οὐκ ἀπεδίδου καὶ τὰ ἐνέχυρα ἀφείλετο καὶ ἐμὲ συνέκοψεν τὸν εἰσπράττοντα καὶ ὑπηρετοῦντα τῇ πόλει. γενομένης τοίνυν τῆς κρίσεως τῷ Θεοφήμῳ ἐν τῇ βουλῇ κατὰ τὴν εἰσαγγελίαν ἣν ἐγὼ εἰσήγγειλα, καὶ ἀποδοθέντος λόγου ἑκατέρῳ, καὶ κρύβδην διαψηφισαμένων τῶν βουλευτῶν, ἑάλω ἐν τῷ βουλευτηρίῳ καὶ ἔδοξεν ἀδικεῖν.
[42] the senate, I say, ordered me to prefer an impeachment, and that the prytanes should give Theophemus two days’ notice of trial on a charge of breaking the law and of impeding the fleet’s departure, charging further that he had refused to return the ship’s equipment and had taken from me the pledge which I had seized, and beaten me when I was seeking to collect what was due and was performing my duty to the state. Well, then, the trial of Theophemus came on before the senate in accordance with the impeachment which I had preferred; and after both sides had been heard and the senators had cast their votes secretly, he was convicted in the senate-chamber and adjudged to be guilty.
[43] καὶ ἐπειδὴ ἐν τῷ διαχειροτονεῖν ἦν ἡ βουλὴ πότερα δικαστηρίῳ παραδοίη ἢ ζημιώσειε ταῖς πεντακοσίαις, ὅσου ἦν κυρία κατὰ τὸν νόμον, δεομένων τούτων ἁπάντων καὶ ἱκετευόντων καὶ τίνα οὐ προσπεμπόντων; καὶ τὸ διάγραμμα τῶν σκευῶν ἀποδιδόντων εὐθὺς ἐν τῇ βουλῇ, καὶ περὶ τῶν πληγῶν φασκόντων ἐπιτρέψειν ᾧ ἂν κελεύσω Ἀθηναίων, συνεχώρησα ὥστε τῷ Θεοφήμῳ πέντε καὶ εἴκοσι δραχμῶν προστιμηθῆναι.
[43] And when the senate was going into a division on the question whether it should remand him to a jury-court or sentence him to a fine of five hundred drachmae, the highest penalty which the law allowed it to inflict, while all these men were making pleas and entreaties and sending any number of people to intercede for them, and offering us right there in the senate-chamber the inventory of the equipment due, and promising to submit the question of the assault to any one of the Athenians whom I should name, I consented that a fine of twenty-five drachmae should be imposed upon Theophemus.
[44] καὶ ταῦτα ὡς ἀληθῆ λέγω, ὑμῶν τε δέομαι ὅσοι ἐβούλευον ἐπ᾽ Ἀγαθοκλέους ἄρχοντος φράζειν τοῖς παρακαθημένοις, καὶ ὅσους ἐδυνάμην ἐγὼ ἐξευρεῖν τῶν τότε βουλευόντων, μάρτυρας ὑμῖν παρέξομαι.”Μάρτυρες”
ἐγὼ μὲν τοίνυν οὕτως, ὦ ἄνδρες δικασταί, ἐπιεικὴς ἐγενόμην πρὸς τούτους. καίτοι τό γε ψήφισμα δημοσίαν τὴν οὐσίαν ἐκέλευσεν εἶναι, οὐ μόνον ὃς ἂν ἔχων σκεύη μὴ ἀποδιδῷ τῇ πόλει, ἀλλὰ καὶ ὃς ἂν ἰδίᾳ κτησάμενος μὴ πωλῇ: τοιαύτη γὰρ ἡ ἀπορία οὖσα συνέβαινεν τότε ἐν τῇ πόλει σκευῶν. καί μοι ἀνάγνωθι τὸ ψήφισμα.”Ψήφισμα”
[44] To prove that I am speaking the truth in this, I beg all of you who were senators in the archonship of Agathocles to tell the facts to those who sit by you, and I will bring before you as witnesses all those whom I have been able to find who were senators that year.” Depositions”
I, you see, men of the jury, showed myself thus reasonable toward these men. And yet the decree ordered the confiscation of the property, not only of those who had ship’s equipment and did not return it to the state,
but also of anyone who, having such equipment, refused to sell it; such a scarcity of equipment was there in the city at that time.
Read the decree, please.” Decree”
[45] καταπλεύσας τοίνυν, ὦ ἄνδρες δικασταί, ὡς οὐδενὶ ἤθελεν ἐπιτρέπειν ὁ Θεόφημος περὶ τῶν πληγῶν ὧν τότε ἔλαβον ὑπ᾽ αὐτοῦ, προσεκαλεσάμην αὐτὸν καὶ ἔλαχον αὐτῷ δίκην τῆς αἰκείας. ἀντιπροσκαλεσαμένου δὲ κἀκείνου ἐμὲ καὶ διαιτητῶν ἐχόντων τὰς δίκας, ἐπειδὴ ἡ ἀπόφασις ἦν τῆς δίκης, ὁ μὲν Θεόφημος παρεγράφετο καὶ ὑπώμνυτο, ἐγὼ δὲ πιστεύων ἐμαυτῷ μηδὲν ἀδικεῖν εἰσῄειν εἰς ὑμᾶς.
[45] When I had come back from my voyage, men of the jury, as Theophemus refused to refer to anyone the matter of the blows which he had dealt me, I summoned him, and began an action against him for assault. He summoned me in a cross-action, and while the arbitrators had the causes before them, and the time came for making the award, he put in a special plea and an affidavit for postponement; I, however, being conscious that I had done no wrong, came in for trial before your court.
[46] παρασχόμενος δὲ ἐκεῖνος ταύτην τὴν μαρτυρίαν, ἣν ἄλλος μὲν οὐδεὶς μεμαρτύρηκεν, ὁ δὲ ἀδελφὸς καὶ ὁ κηδεστής, ὡς ἐθέλοι τὴν ἄνθρωπον παραδοῦναι, καὶ προσποιούμενος ἄκακος εἶναι, ἐξηπάτησεν τοὺς δικαστάς. δέομαι δὲ ὑμῶν νυνὶ δικαίαν δέησιν, ἅμα μὲν δικάσαι περὶ τῆς μαρτυρίας, πότερα ψευδής ἐστιν ἢ ἀληθής, ἅμα δὲ περὶ τοῦ πράγματος ἐξ ἀρχῆς σκέψασθαι.