Greek Texts & Translations

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. 37.43On my part, men of the jury, I was led to reflect what gain there is in a life molded to serve one's ends. ^note For it seemed to me that I was suffering this treatment because I was despised as one who lived a simple and natural life, and that I was paying a heavy penalty in having to submit to this.

However, to prove that I was compelled to give a counter-challenge contrary to what I thought was right, that I offered to give up the slave, and that I am speaking the truth in this, read the challenge.Challenge

37.44Since he refused this, and refused the challenge which he himself gave at the first, I wonder what in the world he will have to say to you. But that you may know who it is at whose hands he claims to have suffered these indignities—behold him! ^note This is the man who dispossessed Pantaenetus; this is the man who was stronger than the friends of Pantaenetus, and stronger than the laws. For I myself was not in Athens; even he does not make that charge.

37.45I wish to tell you also the means by which he misled the former jury, and convicted Evergus, that you may realize that in this trial also there will be no limit to his impudence and that he will shrink from no falsehoods. More than this; in regard to his present suit against me, you will find my means of defence ^note are the same as those of Evergus, which is the most convincing proof that Evergus has been the victim of a malicious and baseless charge. For in addition to all the other accusations the plaintiff charged that Evergus came to his home in the country, and made his way into the apartments of his daughters, who were heiresses, and of his mother; and he brought with him into court the laws concerning heiresses. 37.46And yet up to this day he has never had the case examined before the Archon, whom the law appoints to have charge of such matters, and before whom the wrongdoer runs the risk of having punishment or fine adjudged against him, while by the prosecutor redress is sought without risk; ^note nor has he impeached either me or Evergus as wrongdoers, but he made these charges in the court-room, and secured a verdict for two talents.