Greek Texts & Translations

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. 37.37But there is no justice in that. For consider—if a man purchases a mine from the state, shall he disregard the general laws in accordance with which all men are bound to render and obtain justice, and bring suit in a mining court, if he borrows from another?—if he be evil spoken of?—if he be beaten?—if he charge one with theft?—if he fail to recover money advanced for another's tax?—if, in short, he has any other ground for action? I think not. 37.38Mining 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!

37.39That 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. 37.40He 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; 37.41for 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; ^note so clear did he make it at once that he would not abide by the conditions which he had himself laid down. 37.42But 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.