Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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37.51Besides all this, the plaintiff has himself given him a release from all charges of this kind. He ought not to be stating these charges now, nor to have inserted them in the challenge in which he demanded the slave for torture, but to have instituted suit against him, and to have prosecuted me as his owner. As it is, he has instituted suit against me, but accuses him. This the laws do not permit. For whoever instituted suit against the master, and charged the facts against his slave—as though the slave had any authority of his own?

37.52When anyone asks him, “What valid charges will you be able to make against Nicobulus?” he says, “The Athenians hate money-lenders; Nicobulus is an odious fellow; he walks fast, note he talks loud, and he carries a cane; and (he says) all these things count in my favor.” He is not ashamed to talk in this way, and also fancies that his hearers do not understand that this is the reasoning, not of one who has suffered wrong, but of a malicious pettifogger. 37.53I, for my part, do not regard a money-lender as a wrongdoer, although certain of the class may justly be detested by you, seeing that they make a trade of it, and have no thought of pity or of anything else, except gain. Since I have myself often borrowed money, and not merely lent it to the plaintiff, I know these people well; and I do not like them, either but, by Zeus, I do not defraud them, nor bring malicious charges against them. 37.54But if a man has done business as I have, going to sea on perilous journeys, and from his small profits has made these loans, wishing not only to confer favors, but to prevent his money from slipping through his fingers without his knowing it, why should one set him down in that class?—unless you mean this, that anyone who lends money to you ought to be detested by the public.

Read me, please, the depositions, to show what manner of man I am to those who lend money, and to those who need my help.Depositions

37.55Such am I, Pantaenetus, the fast walker, and such are you, who walk slowly. However, regarding my gait and my manner of speech, I will tell you the whole truth, men of the jury, with all frankness. I am perfectly aware—I am not blind to the fact—that I am not one of those favored by nature in these respects, nor of those who are an advantage to themselves. For if in matters in which I reap no profit, I annoy others, surely I am to this extent unfortunate. 37.56But what is to come of it? If I lend money to so-and-so, am I for this reason also to lose my suit? Surely not. The plaintiff cannot point out any baseness or villainy attaching to me, nor does a single one among you, many as you are, know any such thing against me. As to these other qualities, each one of us, I take it, is as nature happened to make him; and to fight against nature, when one has these characteristics, is no easy task (for otherwise we should not differ from one another); though to recognize them in looking on another and to criticize them is easy. 37.57But which one of these qualities has any bearing on my dispute with you, Pantaenetus? You have suffered many grievous wrongs? Well, you have had satisfaction. Not from me? No; for you were not wronged in any way by me. Otherwise you would never have given me the release, nor, when you were making up your mind to bring suit against Evergus, would you have passed me by; nor would you have demanded that one who had done you many grievous wrongs should undertake to be vendor of the property. Besides, how could I have wronged you, when I was not present or even in the country? 37.58Well then, suppose note one should grant that Pantaenetus has suffered the greatest possible wrongs, and that everything which he will now allege about these matters is true, this, at least, I presume, you would all admit: that it has happened to others ere now to have suffered many wrongs more serious than pecuniary wrongs. For involuntary homicides, outrages on what is sacred, and many other such crimes are committed; yet in all these cases the fact that they have yielded to persuasion and given a release is appointed for the parties wronged as a limit and settlement of the dispute. 37.59And this just principle is so binding among all men, that if anyone having convicted another of involuntary homicide, and clearly shown him to be polluted, note subsequently takes pity on him and releases him, he has no longer the right to have the same person driven into exile. Again, if the victim himself before his death releases the murderer from bloodguiltiness, it is not lawful for any of the remaining kinsmen to prosecute; but those whom the laws sentence to banishment and exile and death, upon conviction, if they are once released, are by that word freed from all evil consequences. 37.60If, then, when life and all that is most precious are at stake, a release has this power and validity, shall it be without effect when money is at stake, or claims of lesser importance? Surely not. For the thing most to be feared is, not that I should fail to obtain justice in your court, but that you should now in our day do away with a just practice, established from the beginning of time.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 37.44 Dem. 37.55 (Greek) >>Dem. 38.1

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