Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 47.33 Dem. 47.43 (Greek) >>Dem. 47.53

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

47.45When I had come back from my voyage, men of the jury, as Theophemus refused to refer to anyone the matter of the blows which he had dealt me, I summoned him, and began an action against him for assault. He summoned me in a cross-action, and while the arbitrators had the causes before them, and the time came for making the award, he put in a special plea and an affidavit for postponement; I, however, being conscious that I had done no wrong, came in for trial before your court. 47.46Theophemus, by bringing this testimony to which no one else has deposed, but only his brother and his brother-in-law, to the effect that he was willing to deliver up the woman, and by pretending to be a man without guile, deceived the jurors. But now I make of you a fair request, both to decide regarding the testimony whether it is true or false, and at the same time to consider the whole case from the beginning. 47.47I, for my part, hold that the proof should be drawn from the very course of procedure to which the fellow at that time fled for refuge, that is, from the examination of the woman by the torture, to determine which party struck the first blow; for this is what constitutes assault. And it is for this reason that I am suing the witnesses for false testimony, because they deposed that Theophemus was willing to deliver up the woman, whereas he never would produce her in person either at that time before the arbitrator or subsequently, despite my repeated demands. 47.48They ought, therefore, to suffer a double punishment, both because they deceived the jurors by bringing forward false testimony—that of the brother-in-law and the brother—, and because they wronged me while I was zealously performing a public service, doing what the state commanded me, and obeying your laws and your decrees.

Now to prove to you that I was not the only one thus commissioned, when I received from the magistrates the name of this man with orders to exact from him the equipment which he owed to the state, but that others of the trierarchs took such measures against others whose names they had received, read, please, their depositions.Depositions



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 47.33 Dem. 47.43 (Greek) >>Dem. 47.53

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