Greek Texts & Translations

Nevertheless, read the challenge.Challenge

37.28Although he did not accept the challenge, but declined it, see what a charge he makes immediately thereafter.

Read what comes next.Complaint

And having reduced the silver-ore which my slaves had dug, and keeping the silver smelted from that ore.

Again, how could this have been done by me when I was not here?—things, too, for which you won a judgement against Evergus?

37.29Read the further charges.Complaint

And having sold my mining property and the slaves, contrary to the agreement which he had made with me.

Stop reading. This far outdoes all the rest. For in the first place he says, “contrary to the agreement which he had made with me.” What agreement is this? We leased our own property to this man, at a rent equal to the interest on the loan; that was all. It was Mnesicles who sold it to us, in the presence of the plaintiff and at his request. 37.30Afterwards in the same way we sold the property to others on the same terms upon which we had ourselves bought it, and the plaintiff not only urged but actually implored us to do so; for no one was willing to accept him as the vendor. What, then, does the agreement to lease it have to do with the matter? Why, most worthless of men, did you insert that clause?

However, to prove that we resold the property at your request, and on the same terms as those upon which we ourselves bought it, read the deposition.Deposition

37.31You are yourself also a witness to this; for what we purchased for one hundred and five minae, this you afterward sold for three talents and twenty-six hundred drachmae. And yet who, if he had you ^note as one to complete a final sale, would have given a single drachma?

To prove that I speak the truth in this, call, please, the witnesses who establish the facts.Witnesses

37.32He has, then, received the sum which he agreed to take for his property,—he even begged me that I should assume the position of vendor for the sum which I had advanced—yet this same man sues me for two talents more. And the rest of the charges are even more outrageous.

Read, please, the remainder of the complaint.Complaint

37.33Here he brings against me in one mass a host of dreadful charges; for he accuses me of assault and battery, outrage, and of violent wrongs even against heiresses. ^note But for each of these wrongdoings actions are separate; they do not come before the same magistrates and they are not for the recovery of the same penalties. Assault and battery and crimes of violence come before the Forty ^note; cases of outrage before the Thesmothetae; and all crimes against heiresses before the Archon. ^note And the laws grant the filing of pleas to bar action also in case of charges brought before magistrates who have not due competency.

Read them this law.Law

37.34Although I had entered this exception in bar of action in addition to the other, and although the Thesmothetae have not competency in the matters concerning which Pantaenetus is bringing his suit, it has been erased, and is not found in the plea as written. How this has come about it is for you to consider. ^note To me, so long as I am able to produce the law itself, it makes not the slightest difference; for he will not be able to erase from your minds your power to know and understand the right.

37.35Take also the mining law. For I think I can show you from this, too, that the action is not maintainable, and that I deserve thanks rather than to be made the object of a baseless and malicious charge.

Read.Law

This law has clearly defined in what cases mining actions may properly be brought. Observe—the law makes a man liable if he eject another from his workings; but I, far from ejecting the plaintiff, gave over to him and put him in possession of that of which another was seeking to deprive him; and I became the vendor of it at his request. 37.36Yes, says he, but if one commit other wrongs concerning mines, for these, too, actions may be brought. Certainly, Pantaenetus; but what are these? If one smokes out another, if one makes an armed attack, if one makes cuttings which encroach upon another's workings. These are the other cases; but I, of course, have done nothing of this sort to you, unless you hold that people who seek to recover what they had risked in a loan to you are making an armed attack. If you hold that view, you have mining suits against all those who risk their own money.