| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 47.31 | Dem. 47.40 (Greek) | >>Dem. 47.49 |
47.36But 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 note whom he might see passing by, that I might have them as witnesses to what was said,
47.37and 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.
47.38He 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. note 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.
47.39Now 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.
47.40But 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
47.41So 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,— 47.42the senate, I say, ordered me to prefer an impeachment, and that the prytanes note 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. 47.43And 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 note should be imposed upon Theophemus.
47.44To prove that I am speaking the truth in this, I beg all of you who were senators in the archonship of Agathocles note 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
| Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.]. | ||
| <<Dem. 47.31 | Dem. 47.40 (Greek) | >>Dem. 47.49 |
