--- title: "Against Evergus and Mnesibulus · Κατὰ Εὐέργου καὶ Μνησιβούλου ψευδομαρτυριῶν" author: "Demosthenes" translator: "Augustus Taber Murray" languages: [grc, en] shelf: "Classical Greek" section: 1 of 2 url: https://scriptura.si/works/demosthenes-against-evergus-and-mnesibulus/1/ cite: "Demosthenes, tr. Augustus Taber Murray, Against Evergus and Mnesibulus · Κατὰ Εὐέργου καὶ Μνησιβούλου ψευδομαρτυριῶν, section 1. Scriptura (scriptura.si), https://scriptura.si/works/demosthenes-against-evergus-and-mnesibulus/1/" --- # Against Evergus and Mnesibulus · Κατὰ Εὐέργου καὶ Μνησιβούλου ψευδομαρτυριῶν *Demosthenes, tr. Augustus Taber Murray* A trierarch, naval gear owed to the state and false testimony. > Greek: ed. William Rennie, from the Perseus Digital Library (canonical-greekLit, tlg0014.tlg047, CC BY-SA 4.0). > English: Augustus Taber Murray, from the Perseus Digital Library (tlg0014.tlg047.perseus-eng2). Notes are not included. > Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence. ## 1. Sections 1–41 Source: https://scriptura.si/works/demosthenes-against-evergus-and-mnesibulus/1/ · cite a paragraph as https://scriptura.si/works/demosthenes-against-evergus-and-mnesibulus/1/#p-N [¶0] 1. It is in my opinion, men of the jury, an admirable provision of the laws that they allow another chance after a trial by means of proceedings for false testimony, in order that, if anyone by bringing forward witnesses testifying to what is false or by citing challenges which were never tendered or depositions made contrary to law, has deceived the jury, he may gain nothing by it, but the one who has been wronged may impeach the testimony, and come into your court and show that the witnesses have given false testimony regarding the matter at issue, and thus exact the penalty from them and hold the one who brought them forward liable to an action for subornation of perjury. > Greek: 1. καλῶς μοι δοκοῦσιν οἱ νόμοι ἔχειν, ὦ ἄνδρες δικασταί, οἱ ὑπόλοιπον ἀγῶνα ἀποδόντες ταῖς δίκαις ⟨τὸν⟩ τῶν ψευδομαρτυρίων, ἵνα, εἴ τις μάρτυρας τὰ ψευδῆ μαρτυροῦντας παρασχόμενος ἢ προκλήσεις μὴ γενομένας ἢ μαρτυρίας παρὰ τὸν νόμον μαρτυρηθείσας ἐξηπάτησεν τοὺς δικαστάς, μηδὲν αὐτῷ πλέον γένηται, ἀλλʼ ἐπισκηψάμενος ταῖς μαρτυρίαις ὁ ἀδικηθεὶς καὶ εἰσελθὼν ὡς ὑμᾶς καὶ ἐπιδείξας περὶ τοῦ πράγματος τοὺς μάρτυρας τὰ ψευδῆ μεμαρτυρηκότας, παρά τε τούτων δίκην λάβῃ καὶ τὸν προβαλόμενον ὑπόδικον ἔχῃ τῶν κακοτεχνιῶν. [¶1] 2. And for this reason they have made the fine less for the plaintiff, if he lose his case, in order that those who have been wronged may not by the fine be deterred from prosecuting witnesses for false testimony, while they have imposed a heavy penalty upon the defendant, if he be convicted and be thought by you to have given false testimony. > Greek: 2. καὶ διὰ τοῦτο τῷ μὲν διώκοντι ἐλάττω ἐποίησαν τὰ ἐπιτίμια, ἐὰν ἡττηθῇ, ἵνα μὴ διὰ τὸ πλῆθος ἀποτρέπωνται διώκειν τοὺς μάρτυρας τῶν ψευδομαρτυρίων οἱ ἀδικούμενοι, τῷ δὲ φεύγοντι μεγάλας ἐπέθηκαν τιμωρίας, ἐὰν ἁλῶσιν καὶ δόξωσιν ὑμῖν τὰ ψευδῆ μεμαρτυρηκέναι. [¶2] 3. And justly so, men of the jury. For you look to the witnesses and give your verdict as you do, because you have believed the testimony which they have given. It is, therefore, to prevent you from being deceived and those who come into your court from being wronged that the lawgiver made the witnesses responsible. I, therefore, beg of you hear me with goodwill, while I rehearse all the facts from the beginning, in order that from these you may see the magnitude of the wrongs I have suffered, and know that the jurymen were deceived and that these men have given testimony which is false. > Greek: 3. δικαίως, ὦ ἄνδρες δικασταί. ὑμεῖς γὰρ εἰς τοὺς μάρτυρας βλέψαντες, καὶ πιστεύσαντες οἷς ἂν οὗτοι μαρτυρήσωσιν, ψηφίζεσθε· ἵνα οὖν μήθʼ ὑμεῖς ἐξαπατᾶσθε μήθʼ οἱ εἰσιόντες εἰς ὑμᾶς ἀδικῶνται, διὰ ταῦτα αὐτοὺς ὑποδίκους ἐποίησεν ὁ νομοθέτης. δέομαι δὲ ὑμῶν καὶ ἐγὼ μετʼ εὐνοίας μου ἀκροάσασθαι περὶ τοῦ πράγματος ἐξ ἀρχῆς ἅπαντα, ἵνα ἐκ τούτων εἰδῆτε ὅσα ἐγώ τε ἠδικήθην καὶ ἐξηπατήθησαν οἱ δικασταὶ καὶ οὗτοι τὰ ψευδῆ ἐμαρτύρησαν. [¶3] 4. I should have much preferred not to go to law, but, if forced to do so, it is a satisfaction to appear against men who are not unknown to you. However, I shall devote a larger part of my speech to exposing the character of these men than to proving that their testimony is false. As to my charge that the testimony to which they have deposed is false, they seem to me to have given proof by their own actions, and there is no need for me to produce any other witnesses than themselves. > Greek: 4. μάλιστα μὲν οὖν ἂν ἐβουλόμην μὴ ἔχειν πράγματα· εἰ δʼ οὖν ἀναγκάζοι τις, πρὸς τοιούτους ἡδύ ἐστιν εἰσιέναι οἳ μὴ ἀγνῶτές εἰσιν ὑμῖν. νῦν δὲ πλείων μοι λόγος ἔσται ἐξελέγχοντι τὸν τρόπον αὐτῶν ἢ τὴν μαρτυρίαν ψευδῆ οὖσαν. περὶ μὲν γὰρ τῆς μαρτυρίας, ὅτι ψευδῆ μεμαρτυρήκασιν, αὐτοί μοι δοκοῦσιν ἔργῳ ἐξελέγχειν αὐτήν, καὶ οὐκ ἄλλους με δεῖ μάρτυρας παρασχέσθαι ἢ αὐτοὺς τούτους· [¶4] 5. For when they might have got rid of all trouble, and have avoided the risk which they run in coming into your court, by establishing in fact the truth of their testimony, they have refused to deliver up the woman, whom they have testified that Theophemus was ready to deliver up, and had offered to deliver up before the arbitrator, Pythodorus of Cedae, but whose surrender I, in fact, demanded, as the witnesses who were then present in court testified, and will now testify. And Theophemus has not impeached them for giving testimony that was not true, nor does he proceed against them for false witness. > Greek: 5. ἐξὸν γὰρ αὐτοῖς ἀπηλλάχθαι πραγμάτων καὶ μὴ κινδυνεύειν εἰσιόντας εἰς ὑμᾶς, ἔργῳ βεβαιώσαντας ὡς ἀληθής ἐστιν ἡ μαρτυρία, οὐκ ἠθελήκασιν παραδοῦναι τὴν ἄνθρωπον, ἣν μεμαρτυρήκασιν προκαλέσασθαι πρὸς τῷ διαιτητῇ Πυθοδώρῳ ἐκ Κηδῶν παραδιδόναι ἕτοιμον εἶναι Θεόφημον, ἠξίουν δʼ ἐγὼ παραλαμβάνειν, ὡς οἱ μάρτυρες ὑμῖν οἱ τότε παραγενόμενοι ἐμαρτύρησαν ἐν τῷ δικαστηρίῳ, καὶ νῦν δὲ μαρτυρήσουσιν. καὶ Θεόφημος αὐτοῖς ὡς ἀληθῆ μεμαρτυρηκόσιν οὐκ ἐπεσκήψατο, οὐδʼ ἐπεξέρχεται τῶν ψευδομαρτυρίων. [¶5] 6. The defendants themselves practically admit in their deposition that I was anxious to receive the woman for the torture, and that Theophemus urged me to postpone the action, whereas I was unwilling to do so. And yet it was regarding this woman, whom I demanded for the torture, but whom Theophemus offered to give up, as these men say; whom, however, no one ever saw present in person either at that time before the arbitrator or afterwards in the court-room, or produced at any other place,—it was regarding her that these witnesses deposed that Theophemus was ready to give her up, and made the offer with a challenge; and the jury thought that the testimony was true, and that I was seeking to evade the evidence which the woman might have given in regard to the assault and the question as to which one of us delivered the first blow (for this is what constitutes assault). Is it not, then, a necessary inference that these witnesses have given false testimony, men who even up to this day dare not deliver up the woman in person, as according to their statement Theophemus offered to do, and as they testified for him? And they dare not establish by actual fact the truth of their testimony and free the witnesses from the risk of a trial by making Theophemus, since he then refused to do so, deliver up the woman in person, to be put to the torture regarding the assault for which I am suing Theophemus, and so make the proof result from the very statements made at that time by Theophemus with a view to deceiving the jurors. > Greek: 6. σχεδὸν μὲν οὖν μοι καὶ αὐτοὶ ὁμολογοῦσιν ἐν τῇ μαρτυρίᾳ ἐθέλειν με παραλαμβάνειν τὴν ἄνθρωπον, Θεόφημον δὲ ἀναβάλλεσθαι κελεύειν, ἐμὲ δὲ οὐκ ἐθέλειν. ἣν δʼ ἐγὼ μὲν ἠξίωσα παραλαμβάνειν, Θεόφημος δὲ προὐκαλέσατο παραδοῦναι, ὡς οὗτοί φασιν, τὸ δὲ σῶμα οὐδεὶς εἶδε παρόν, οὔτε τότε πρὸς τῷ διαιτητῇ οὔτε ὕστερον πρὸς τῷ δικαστηρίῳ οὔτε ἄλλοθι οὐδαμοῦ παραδιδόμενον, ἐμαρτύρησαν δὲ οἱ μάρτυρες οὗτοι ὡς ἐθέλοι παραδοῦναι Θεόφημος καὶ πρόκλησιν προκαλοῖτο, ᾠήθησαν δὲ οἱ δικασταὶ ἀληθῆ εἶναι τὴν μαρτυρίαν, φεύγειν δʼ ἐμὲ τὸν ἔλεγχον ⟨τὸν⟩ ἐκ τῆς ἀνθρώπου περὶ τῆς αἰκείας, ὁπότερος ἡμῶν ἦρξεν χειρῶν ἀδίκων (τοῦτο γάρ ἐστιν ἡ αἴκεια), πῶς οὐκ ἀναγκαῖόν ἐστιν τούτους τοὺς μάρτυρας τὰ ψευδῆ μεμαρτυρηκέναι, οἵ γε οὐδὲ νῦν πω τολμῶσι τὸ σῶμα τῆς ἀνθρώπου παραδοῦναι, καθὰ ἔφασαν προκαλέσασθαι τὸν Θεόφημον καὶ ἐμαρτύρησαν αὐτῷ, καὶ τὴν μὲν μαρτυρίαν ἔργῳ βεβαιῶσαι ὡς ἀληθής ἐστιν, καὶ τοὺς μάρτυρας ἀπηλλάχθαι τοῦ ἀγῶνος παραδόντας τὸ σῶμα τῆς ἀνθρώπου, [¶6] 8. For he said in the course of the trial for assault that the witnesses who had been present and who testified to what had taken place by a deposition in writing, as the law provides, were false witnesses and had been suborned by me; but that the woman who had been present would tell the truth, deposing, not to a written document, but under torture, giving thus the strongest kind of evidence as to which party delivered the first blow. > Greek: 8. τὴν δὲ ἄνθρωπον περὶ τῆς αἰκείας βασανίζεσθαι, ἐφʼ ᾗ ἐγὼ διώκω δίκῃ τὸν Θεόφημον, ἐπειδὴ τότε οὐ παρέσχεν, καὶ τὸν ἔλεγχον ἐξ ὧν ὁ Θεόφημος ἔλεγεν τότε ἐξαπατῶν τοὺς δικαστάς, ἐκ τούτων γίγνεσθαι; ἔφη γὰρ ἐν τῇ δίκῃ τῆς αἰκείας τοὺς μὲν μάρτυρας τοὺς παραγενομένους καὶ μαρτυροῦντας τὰ γενόμενα ἐν γραμματείῳ κατὰ τὸν νόμον ψευδεῖς εἶναι καὶ ὑπʼ ἐμοῦ παρεσκευασμένους, τὴν δʼ ἄνθρωπον τὴν παραγενομένην ἐρεῖν τἀληθῆ, οὐκ ἐκ γραμματείου μαρτυροῦσαν, ἀλλʼ ἐκ τῆς ἰσχυροτάτης μαρτυρίας, βασανιζομένην, ὁπότερος ἦρξε χειρῶν ἀδίκων. [¶7] 9. This is what he said at that time, using the most vigorous language and bringing forward witnesses to support his statements, and by this means deceiving the jurors; but now all this is proved to be false; for he does not dare to deliver up the woman, whom the witnesses have declared that he was ready to deliver up, but prefers that his brother and his brother-in-law should have to stand trial on a charge of giving false testimony, rather than that he should deliver up the woman in person, and so be well rid of his troubles in a fair and legal way, and that they should not try by arguments and entreaties to find a means of escape by deceiving you, if they could; > Greek: 9. ἃ δή, λόγῳ τότε καταχρώμενος καὶ μάρτυρας παρεχόμενος τούτων, ἠπάτα τοὺς δικαστάς, νῦν ἐξελέγχεται ψευδῆ ὄντα· τὸ γὰρ σῶμα τῆς ἀνθρώπου οὐ τολμᾷ παραδοῦναι, ὃ μεμαρτυρήκασιν αὐτὸν ἐθέλειν παραδοῦναι, ἀλλὰ μᾶλλον προῄρηται τὸν ἀδελφὸν καὶ τὸν κηδεστὴν ψευδομαρτυρίων ἀγωνίζεσθαι ἢ παραδοῦναι τὸ σῶμα τῆς ἀνθρώπου καὶ δικαίως ἀπηλλάχθαι, καὶ μὴ διὰ λόγων καὶ δεήσεως, ἐὰν δύνωνται ἐξαπατήσαντες ὑμᾶς ἀποφεύγειν, πολλάκις ἐμοῦ προκαλεσαμένου καὶ ἐξαιτήσαντος τὴν ἄνθρωπον καὶ τότε ἀξιοῦντος παραλαμβάνειν καὶ μετὰ τὴν δίκην, καὶ ὅτε ἐξέτινον αὐτοῖς, καὶ ἐφʼ ᾗ ἐγὼ δίκῃ τὸν Θεόφημον διώκω τῆς αἰκείας, καὶ ἐν τῇ ἀνακρίσει τῶν ψευδομαρτυρίων, καὶ τούτων οὐ προσποιουμένων, ἀλλὰ λόγῳ μὲν μαρτυρούντων τὰ ψευδῆ, ἔργῳ δὲ οὐ παραδιδόντων τὴν ἄνθρωπον· [¶8] 10. although I challenged him again and again, and asked for the woman, demanding to receive her for the torture both at that time and after the trial, and again when I paid them the money, and in my suit for assault against Theophemus, and in the examination before the magistrate in the trial for false testimony. These men do not try to hide anything; their words are perjury, their act is to refuse to deliver up the woman; for they knew well that, if she should be put to the torture, it would be proved that they were the wrongdoers and not the parties wronged. To prove that I am speaking the truth in this, the clerk shall read you the depositions concerning these matters. The Depositions That, despite my frequent challenges and demands for the delivery of the woman for examination, no one has ever delivered her up, has been shown to you by witnesses. But in order that you may know from circumstantial proofs also that they have given false testimony, I will prove it. For if what they state were true, namely, that Theophemus tendered the challenge and offered to give up the woman in person, these men, I take it, would not have produced two witnesses only, a brother and a brother-in-law, to testify to what was true, but many others as well. > Greek: 10. εὖ γὰρ ᾔδεσαν ὅτι βασανιζομένης αὐτῆς ἐξελεγχθήσονται ἀδικοῦντες, οὐκ ἀδικούμενοι. ὡς δὲ ταῦτα ἀληθῆ λέγω, τούτων ὑμῖν ἀναγνώσεται τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ. ὅτι μὲν τοίνυν πολλάκις προκαλεσαμένῳ καὶ ἀξιοῦντι παραλαβεῖν τὴν ἄνθρωπον οὐδεὶς παρεδίδου, μεμαρτύρηται ὑμῖν. ἵνα δὲ καὶ ἐκ τεκμηρίων εἰδῆτε ὅτι ψευδῆ μεμαρτυρήκασιν, δηλώσω ὑμῖν. οὗτοι γάρ, εἴπερ ἀληθῆ ἦν ἅ φασιν προκαλέσασθαι τὸν Θεόφημον καὶ παραδιδόναι τὸ σῶμα τῆς ἀνθρώπου, οὐκ ἂν δήπου δύο μόνους μάρτυρας ἐποιήσαντο κηδεστὴν καὶ ἀδελφόν, τἀληθῆ μαρτυροῦντας, ἀλλὰ καὶ ἄλλους ἂν πολλούς. [¶9] 12. For the arbitration took place in the Heliaea, where those serving as arbitrators for the Oeneïd and Erectheïd tribes hold their sessions; and when challenges of this sort are given, and a party brings his slave in person, and delivers him up for examination by the torture, hosts of people stand forth to hear what is said; so that they would not have been at a loss for witnesses, if there had been the least truth in the deposition. > Greek: 12. ἡ μὲν γὰρ δίαιτα ἐν τῇ ἡλιαίᾳ ἦν (οἱ γὰρ τὴν Οἰνῇδα καὶ τὴν Ἐρεχθῇδα διαιτῶντες ἐνταῦθα κάθηνται)· τῶν δὲ τοιούτων προκλήσεων, ὅταν τις τὸ σῶμα παραδιδῷ κομίσας, πολλοὶ προσίστανται ἐπακούοντες τῶν λεγομένων, ὥστε οὐκ ἂν ἠπόρησαν μαρτύρων, εἴπερ καὶ ὁπωστιοῦν ἀληθὴς ἦν ἡ μαρτυρία. [¶10] 13. They have testified, then, in the same deposition, men of the jury, that I was unwilling to have a postponement, but that Theophemus urged it in order that he might produce the woman. That this is not true, I will show you. For if I had tendered to Theophemus this challenge to which they have deposed, requiring him to deliver up the woman, he might fittingly have answered by urging that the arbitration be put off until the next meeting, in order that he might bring the woman and deliver her up to me; but as it is, Theophemus, they have deposed that it was you who desired to deliver up the woman and that I was not willing to receive her. > Greek: 13. μεμαρτυρήκασι τοίνυν, ὦ ἄνδρες δικασταί, ἐν τῇ αὐτῇ μαρτυρίᾳ, ὡς ἐγὼ οὐκ ἐθέλοιμι ἀναβαλέσθαι, ὁ δὲ Θεόφημος κελεύοι, ἵνα μοι παραδοίη τὴν ἄνθρωπον. ὡς δὲ οὐκ ἀληθὲς τοῦτʼ ἔστιν, ἐγὼ ὑμᾶς διδάξω. εἰ μὲν γὰρ ἐγὼ τὸν Θεόφημον ταύτην τὴν πρόκλησιν προὐκαλούμην ἣν μεμαρτυρήκασιν αὐτῷ, ἀξιῶν αὐτὸν τὴν ἄνθρωπον παραδοῦναι, εἰκότως ἄν μοι τούτους τοὺς λόγους ἀπεκρίνατο, ἀναβαλέσθαι κελεύων τὴν δίαιταν εἰς τὴν ὑστέραν σύνοδον, ἵνα κομίσῃ τὴν ἄνθρωπον καὶ παραδῷ μοι· [¶11] 14. How is it that you, who were the woman’s master, when you were on the point of tendering me this challenge, to which your witnesses have deposed, when you were forced to take refuge in this woman’s testimony to establish your case, and when you had no other witness to my having assaulted you and having delivered the first blow—how is it, I ask, that you did not bring the woman with you to the arbitrator and deliver her up, having her then present in person, and being yourself her master? > Greek: 14. νῦν δὲ σὲ αὐτὸν μεμαρτυρήκασιν, ὦ Θεόφημε, ἐθέλειν παραδιδόναι τὴν ἄνθρωπον, καὶ ἐμὲ μὴ ʼθέλειν παραλαβεῖν. πῶς οὖν σὺ κύριος μὲν ὢν τῆς ἀνθρώπου, μέλλων δὲ προκαλεῖσθαι ταύτην τὴν πρόκλησιν ἣν μεμαρτυρήκασί σοι, καταφεύγων δὲ εἰς τὴν ἄνθρωπον περὶ τοῦ δικαίου, ἄλλου δέ σοι οὐδενὸς ὄντος μάρτυρος ὡς ἐπλήγης ὑπʼ ἐμοῦ ἄρχοντος χειρῶν ἀδίκων, οὐχ ἧκες ἔχων τὴν ἄνθρωπον πρὸς τὸν διαιτητὴν καὶ παρεδίδους τὸ σῶμα παρούσης τῆς ἀνθρώπου, κύριός γε ὢν αὐτῆς; [¶12] 15. Nay, you state that you tendered the challenge; but no one saw the woman by means of whom you deceived the jurors, through producing false witnesses to represent that you wished to give her up. > Greek: 15. ἀλλὰ τὴν μὲν πρόκλησιν φὴς προκαλέσασθαι, τὴν δὲ ἄνθρωπον οὐδεὶς εἶδεν, διʼ ἧς ἐξηπάτησας τοὺς δικαστάς, ψευδεῖς μάρτυρας παρασχόμενος ὡς ἐθέλων παραδοῦναι. [¶13] 16. Well, then, since the woman was not present with you at that time and the boxes had previously been sealed, did you at any time afterward bring her into the market-place or before the court? For if she was not present with you at that time, you surely ought to have delivered her up afterwards, and to have called witnesses to prove that you were willing to have the test made by the woman’s evidence in accordance with the challenge which you had tendered, as your challenge had been put in the box, and a deposition stating that you were ready to deliver her up. Well then, when you were on the point of entering upon the trial, did you ever bring the woman before the court? > Greek: 16. ἐπειδὴ τοίνυν σοι τότε οὐ παρῆν ἡ ἄνθρωπος, ἀλλὰ πρότερον ἐσημάνθησαν οἱ ἐχῖνοι, ὕστερον ἔστιν ὅπου ἤγαγες τὴν ἄνθρωπον εἰς τὴν ἀγορὰν ἢ εἰς τὸ δικαστήριον; εἰ γὰρ μὴ τότε σοι παρεγένετο, ὕστερον δήπου ἔδει παραδιδόναι, καὶ μάρτυρας ποιεῖσθαι ὡς ἐθέλεις ἐν τῇ ἀνθρώπῳ τὸν ἔλεγχον γίγνεσθαι, καθάπερ προὐκαλέσω, προκλήσεώς τε ἐμβεβλημένης σοι καὶ μαρτυρίας ὡς ἤθελες παραδιδόναι τὴν ἄνθρωπον. μέλλων τοίνυν εἰσιέναι τὴν δίκην ἔστιν ὅπου τὴν ἄνθρωπον εἰσήγαγες πρὸς τὸ δικαστήριον; [¶14] 17. And yet, if what they say about his tendering the challenge is true, he ought, when the court-rooms were being assigned by lot, to have brought the woman, got a herald to attend, and bidden me, if I chose, to put her to the torture, and have made the jurors as they came in witnesses to the fact that he was ready to deliver her up. But as it is, he has made deceitful statements and has produced false witnesses, but even to this day he does not dare to deliver up the woman, though I have made repeated challenges and demands, as the witnesses who were present have testified before you. (To the clerk. Please read the depositions again. The Depositions I wish now, men of the jury, to explain to you the origin of my action against Theophemus, in order that you may be assured that he not only secured my condemnation unjustly by deceiving the jury, but also at the same time secured by the same verdict the condemnation of the senate of five hundred, and made of no effect the decisions of your courts and of no effect your decrees and your laws, and shook your faith in your magistrates and in the inscriptions on the public stelae. > Greek: 17. καίτοι ἔδει αὐτόν, εἴπερ ἀληθῆ ἦν ἅ φασιν αὐτὸν προκαλεῖσθαι, κληρουμένων τῶν δικαστηρίων κομίσαντα τὴν ἄνθρωπον, λαβόντα τὸν κήρυκα, κελεύειν ἐμέ, εἰ βουλοίμην, βασανίζειν, καὶ μάρτυρας τοὺς δικαστὰς εἰσιόντας ποιεῖσθαι ὡς ἕτοιμός ἐστιν παραδοῦναι. νυνὶ δὲ λόγῳ ἐξαπατήσας, ψευδεῖς μαρτυρίας παρασχόμενος, οὐδέπω καὶ νῦν τολμᾷ τὴν ἄνθρωπον παραδοῦναι, πολλάκις ἐμοῦ προκαλεσαμένου καὶ ἐξαιτήσαντος, ὡς οἱ μάρτυρες ὑμῖν οἱ παραγενόμενοι μεμαρτυρήκασιν. καί μοι ἀνάγνωθι πάλιν τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ. [¶15] 18. How he has done this I will show you point by point. I never before at any time in my life had any business transaction with Theophemus, nor yet any revel or love-affair or drinking-bout, to lead me to go to his house, because of a quarrel with him about some matter in which he had got the better of me, or under the excitement of amorous passion. No, but in obedience to decrees passed by your assembly and senate and at the bidding of the law I demanded of him the ship’s equipment which he owed to the state. For what reason, I shall proceed to tell you. > Greek: 18. βούλομαι δʼ ὑμῖν, ὦ ἄνδρες δικασταί, καὶ τὴν δίκην διηγήσασθαι, ὅθεν ἐγένετό μοι πρὸς Θεόφημον, ἵνα εἰδῆτε ὅτι οὐ μόνον ἐμοῦ ἀδίκως κατεδικάσατο, ἐξαπατήσας τοὺς δικαστάς, ἀλλὰ καὶ τῆς βουλῆς ἅμα τῶν πεντακοσίων τῇ αὐτῇ ψήφῳ, καὶ ἄκυρα μὲν ἐποίησεν τὰ δικαστήρια τὰ ὑμέτερα, ἄκυρα δὲ τὰ ψηφίσματα καὶ τοὺς νόμους, ἀπίστους δὲ τὰς ἀρχὰς κατέστησεν ὑμῖν καὶ τὰ γράμματα τὰ ἐν ταῖς στήλαις. ὃν δὲ τρόπον, ἐγὼ ὑμᾶς περὶ ἑνὸς ἑκάστου διδάξω. ἐμοὶ γὰρ πρὸς Θεόφημον συμβόλαιον μὲν οὐδὲν πώποτε πρότερον ἐν τῷ βίῳ ἐγένετο, οὐδʼ αὖ κῶμος ἢ ἔρως ἢ πότος, ὥστε διαφερόμενον περί τινος πλεονεκτήματος ἢ παροξυνόμενον ὑπὸ ἡδονῆς τινὸς ἐλθεῖν ἐπὶ τὴν οἰκίαν τὴν τούτου. ψηφισμάτων δὲ ὑμετέρων δήμου καὶ βουλῆς καὶ νόμου ἐπιτάξαντος, εἰσέπραξα τοῦτον ὀφείλοντα τῇ πόλει σκεύη τριηρικά. διʼ ὅτι δέ, ἐγὼ ὑμῖν διηγήσομαι. [¶16] 20. It chanced that some triremes were about to sail, a military force having to be despatched in haste. Now there was not in the dockyards equipment for the ships, but those from whom it was due, who had in their possession such equipment, had failed to return it; and furthermore there was not available for purchase in the Peiraeus either an adequate supply of sail-cloth and tow and cordage, which serve for the equipment of a trireme. Chaeridemus, therefore, proposed this decree, in order that the equipment for the ships might be recovered and kept safe for the state. (To the clerk. Read the decree, please. The Decree When this decree had been passed, the magistrates chose by lot those who owed the ship’s equipment to the state and handed over their names, and the overseers of the dockyards passed on the list to the trierarchs who were then about to sail, and to the overseers of the navy-boards. > Greek: 20. ἔτυχεν ἔκπλους ὢν τριήρων καὶ βοήθεια ἀποστελλομένη διὰ τάχους. σκεύη οὖν ἐν τῷ νεωρίῳ οὐχ ὑπῆρχεν ταῖς ναυσίν, ἀλλʼ ἔχοντες οἱ ὀφείλοντες οὐκ ἀπεδίδοσαν· πρὸς δὲ τούτοις οὐδʼ ἐν τῷ Πειραιεῖ ὄντα ἄφθονα ὀθόνια καὶ στυππεῖον καὶ σχοινία, οἷς κατασκευάζεται τριήρης, ὥστε πρίασθαι. γράφει οὖν Χαιρέδημος τὸ ψήφισμα τουτί, ἵνα εἰσπραχθῇ τὰ σκεύη ταῖς ναυσὶ καὶ σᾶ γένηται τῇ πόλει. καί μοι ἀνάγνωθι τὸ ψήφισμα. ΨΗΦΙΣΜΑ. [¶17] 21. The law of Periander forced us and laid command upon us to receive the list of those who owed equipment to the state,—I mean the law in accordance with which the navy-boards were constituted. And besides this another decree of the people compelled them to assign to us the several debtors that we might recover from each man his proportionate amount. > Greek: 21. τούτου τοίνυν τοῦ ψηφίσματος γεγενημένου, ἡ μὲν ἀρχὴ ἐπεκλήρωσεν καὶ παρέδωκε τοὺς ὀφείλοντας τὰ σκεύη τῇ πόλει[, οἱ δὲ τῶν νεωρίων ἐπιμεληταὶ] τοῖς τριηράρχοις τοῖς ἐκπλέουσιν τότε καὶ τοῖς ἐπιμεληταῖς τοῖς ἐν ταῖς συμμορίαις. ὁ δὲ νόμος ὁ τοῦ Περιάνδρου ἠνάγκαζεν καὶ προσέταττεν παραλαβεῖν τοὺς ὀφείλοντας τὰ σκεύη, καθʼ ὃν αἱ συμμορίαι συνετάχθησαν. πρὸς δὲ τούτοις ἕτερον ψήφισμα δήμου ἠνάγκαζε τὸ πρὸς μέρος ἡμῖν διδόναι τῶν ὀφειλόντων ἕκαστον εἰσπράξασθαι. [¶18] 22. Now I, as it happened, was a trierarch and overseer of the navy-board, and Demochares of Paeania was in the navy-board, and was indebted to the state for the equipment of a ship in conjunction with Theophemus here, for he had served as joint trierarch with him. Both their names, then, had been inscribed on the stelê as indebted to the state for the ship’s equipment, and the magistrates, receiving their names from those in office before them, gave them over to us in accordance with the law and the decrees. > Greek: 22. ἔτυχον δὴ ἐγὼ μὲν τριηραρχῶν καὶ ἐπιμελητὴς ὢν τῆς συμμορίας, Δημοχάρης δὲ ὁ Παιανιεὺς ἐν τῇ συμμορίᾳ ὢν καὶ ὀφείλων τῇ πόλει σκεύη μετὰ Θεοφήμου τουτουί, συντριήραρχος γενόμενος. γεγραμμένους οὖν αὐτοὺς ἀμφοτέρους ἐν τῇ στήλῃ ὀφείλοντας τὰ σκεύη τῇ πόλει ἡ ἀρχὴ παραλαβοῦσα παρὰ τῆς προτέρας ἀρχῆς, ἡμῖν παρέδωκεν κατά τε τὸν νόμον καὶ τὰ ψηφίσματα. [¶19] 23. It was therefore a matter of necessity for us to receive them. I must tell you that hitherto, although I had often served as your trierarch, I had never taken equipment from the dockyards, but had supplied it at my own private expense whenever need arose, in order that I might have as little trouble as possible with the state. On this occasion, however, I was compelled to take over the names in accordance with the decrees and the law. > Greek: 23. ἐξ ἀνάγκης οὖν ἦν μοι παραλαβεῖν, ἐπεὶ ἐν τῷ πρόσθε χρόνῳ πολλὰς τριηραρχίας τετριηραρχηκὼς ὑμῖν οὐδεπώποτε ἔλαβον σκεύη ἐκ τοῦ νεωρίου, ἀλλʼ αὐτὸς ἰδίᾳ παρεσκεύαζον, ὁπότε δέοι, ἵνα ὡς ἐλάχιστα πράγματα ἔχοιμι πρὸς τὴν πόλιν· τότε δὲ κατά τε τὰ ψηφίσματα καὶ τὸν νόμον ἠναγκαζόμην παραλαμβάνειν. [¶20] 24. To prove that I am speaking the truth in this, I shall produce as witnesses supporting these facts, the decree and the law, next the magistrate who gave the names over to me and who brought the case into court, and finally the members of the navy-board in which I was overseer and trierarch. (To the clerk.) Read, please. The Law. The Decree. The Depositions That it was absolutely necessary, therefore, for me to take over the names of those indebted to the state, you have heard from the law and the decrees; and that I took them over from the magistrate, the one who delivered them to me has testified. > Greek: 24. ὡς δὲ ταῦτα ἀληθῆ λέγω, τούτων ὑμῖν μάρτυρας παρέξομαι τό τε ψήφισμα καὶ τὸν νόμον, ἔπειτα τὴν ἀρχὴν αὐτὴν τὴν παραδοῦσαν καὶ εἰσαγαγοῦσαν εἰς τὸ δικαστήριον, εἶτα τοὺς ἐκ τῆς συμμορίας, ἧς ἦν ἐπιμελητὴς καὶ τριήραρχος. καί μοι ἀνάγνωθι. ΝΟΜΟΣ. ΨΗΦΙΣΜΑ. ΜΑΡΤΥΡΙΑΙ. [¶21] 25. So, then, the first question for you to consider at the outset, men of the jury, is this, whether the wrongdoer was I, who was compelled to recover from Theophemus what he owed, or Theophemus, who had long owed the equipment to the state and refused to give it back. > Greek: 25. ὡς μὲν τοίνυν πολλή μοι ἀνάγκη ἦν παραλαβεῖν τοὺς ὀφείλοντας τῇ πόλει, τοῦ τε νόμου ἀκούετε καὶ τῶν ψηφισμάτων· ὡς δὲ καὶ παρέλαβον παρὰ τῆς ἀρχῆς, ὁ παραδοὺς ὑμῖν μεμαρτύρηκεν. σκέψασθαι οὖν ὑμᾶς εἰκός ἐστιν ἐξ ἀρχῆς, ὦ ἄνδρες δικασταί, τοῦτο πρῶτον, πότερον ἐγὼ ἠδίκουν ὁ ἀναγκαζόμενος εἰσπρᾶξαι τὸν Θεόφημον, ἢ Θεόφημος, ὃς ὀφείλων τῇ πόλει τὰ σκεύη πολὺν χρόνον οὐκ ἀπεδίδου. [¶22] 26. For if you look at each matter severally, you will find that Theophemus was wholly in the wrong, and that this is not merely a statement of mine but a fact decided by vote of the senate and the court. For when I had received his name from the magistrate, I approached him and first demanded the ship’s equipment; when he refused to give it back on my making this statement, I subsequently fell in with him near the Hermes which stands by the little gate and summoned him before the despatching board and the overseers of the dockyards; for it was they who at that time brought into court suits regarding ship’s equipments. > Greek: 26. ἐὰν γὰρ καθʼ ἕκαστον σκοπῆτε, εὑρήσετε τὸν Θεόφημον ἅπαντα ἀδικοῦντα, καὶ ταῦτα οὐχ ὑπʼ ἐμοῦ μόνον λόγῳ εἰρημένα, ἀλλὰ καὶ ὑπὸ τῆς βουλῆς καὶ τοῦ δικαστηρίου ψήφῳ κεκριμένα. ἐπειδὴ γὰρ παρέλαβον αὐτὸν παρὰ τῆς ἀρχῆς, προσελθὼν αὐτῷ πρῶτον μὲν ἀπῄτουν τὰ σκεύη· ὡς δὲ τοῦτό μου εἰπόντος οὐκ ἀπεδίδου, ὕστερον αὐτῷ περιτυχὼν περὶ τὸν Ἑρμῆν τὸν πρὸς τῇ πυλίδι προσεκαλεσάμην πρός τε τοὺς ἀποστολέας καὶ πρὸς τοὺς τῶν νεωρίων ἐπιμελητάς· οὗτοι γὰρ εἰσῆγον τότε τὰς διαδικασίας εἰς τὸ δικαστήριον περὶ τῶν σκευῶν. [¶23] 27. To prove that I am speaking the truth, I shall produce as witnesses to these facts those who served the summons. Witnesses That he was summoned by me, then, has been testified to you by those who served the summons; now to prove that he was brought into court, take the deposition of the despatching board and the magistrates. The Deposition The one who I thought would give me trouble, Demochares of Paeania, was indeed disagreeable before he was brought into court, but after he had been tried and convicted he returned the part of the ship’s equipment that was due from him. > Greek: 27. ὡς δὲ ἀληθῆ λέγω, τούτων ὑμῖν μάρτυρας τοὺς κλητεύσαντας παρέξομαι. ΜΑΡΤΥΡΕΣ. ὅτι μὲν τοίνυν προσεκλήθη ὑπʼ ἐμοῦ, οἱ κλητῆρές μοι μεμαρτυρήκασιν· ὡς δὲ εἰσήχθη εἰς τὸ δικαστήριον, λαβέ μοι τὴν μαρτυρίαν τῶν ἀποστολέων καὶ τῆς ἀρχῆς. ΜΑΡΤΥΡΙΑ. [¶24] 28. But the one whom I should never have expected to go to such an extreme of rascality that he would ever dare to rob the state of the equipment, has gone ahead with all these troublesome lawsuits. He was present in the court-room when the suit was brought in, but never made any defence, nor did he give in the name of anyone for an adjudication, as he should have done, if he claims that someone else has the equipment and that it was not his duty to give it back; but he suffered the verdict to be given against him; > Greek: 28. ὃν μὲν τοίνυν ᾤμην πράγματα παρέξειν μοι Δημοχάρην τὸν Παιανιέα, πρὶν μὲν εἰσαχθῆναι εἰς τὸ δικαστήριον ἦν ἀηδής, ἐπειδὴ δὲ εἰσήχθη καὶ ἑάλω, ἀπέδωκεν τὸ καθʼ ἑαυτὸν μέρος τῶν σκευῶν. ὃν δʼ οὐκ ἂν ᾠήθην εἰς τοσοῦτον πονηρίας ἐλθεῖν ὥστε τολμῆσαι ἄν ποτε τὴν πόλιν ἀποστερῆσαι τὰ σκεύη, εἰς τοσοῦτο δικῶν καὶ πραγμάτων προβέβηκεν. καὶ παρὼν μὲν πρὸς τῷ δικαστηρίῳ, ὅτε εἰσήγετο, οὐδαμοῦ ἠντεδίκησεν, οὐδὲ ἀπεγράψατο διαδικασίαν πρὸς οὐδένα, εἴ τινά φησιν ἕτερον ἔχειν τὰ σκεύη καὶ μὴ προσήκειν αὑτῷ ἀποδοῦναι, ἀλλʼ εἴασεν καθʼ αὑτοῦ ψῆφον ἐπαχθῆναι· [¶25] 29. yet after he left the courtroom he did not pay any the more because of that, but decided that for the time being he would keep out of the way and remain quiet until I should have sailed with the fleet, and some time should have elapsed, thinking that I should have to pay for the equipment which he owed to the state either when I returned here, or else to my successor who should come from the navy-boards to take command of the ship. For what answer could I have given this man, when he produced decrees and laws showing that I was obliged to recover the equipment? > Greek: 29. ἐπειδὴ δὲ ἀπῆλθεν ἐκ τοῦ δικαστηρίου, οὐδὲν μᾶλλον ἀπεδίδου, ἀλλʼ ᾤετο ἐν μὲν τῷ παρόντι αὐτὸς ἐκποδὼν γενόμενος ἡσυχίαν ἕξειν, ἕως ⟨ἂν⟩ ἐγώ τε ἐκπλεύσω καὶ αἱ νῆες καὶ χρόνος ἐγγένηται, καὶ ἐμέ, ἃ οὗτος ὤφειλεν σκεύη τῇ πόλει, ἀναγκασθήσεσθαι ἀποδοῦναι ἥκοντα ἐνθάδε ἢ τῷ διαδόχῳ, ὃς ἂν ἔλθῃ ἐκ τῆς συμμορίας ἐπὶ τὴν ναῦν. τί γὰρ ἂν καὶ ἀντέλεγον αὐτῷ ψηφίσματα καὶ νόμους παρεχομένῳ, ὡς προσῆκεν ἐμὲ εἰσπρᾶξαι τὰ σκεύη; [¶26] 30. And Theophemus, after a lapse of time, when I had come back and made demands upon him, would have said that he had paid back the equipment, and to show that he had paid would have insisted upon these proofs—the crisis, the urgency, and that I was not such a fool and had never been such a friend of his as to wait; for what possible reason, then, when I was serving the state as trierarch and was overseer of the navy-board, and when decrees of such a nature and such a law were in force, should I have obliged him by delaying the collection? > Greek: 30. ὁ δὲ Θεόφημος χρόνου ἐγγεγενημένου, ὁπότε αὐτὸν ἥκων ἀπαιτοίην, ἔμελλε φήσειν ἀποδεδωκέναι, καὶ τούτοις τεκμηρίοις καταχρήσεσθαι ὡς ἀποδέδωκεν, τῷ καιρῷ, τῇ χρείᾳ, ὡς οὐκ ἠλίθιος ἦν οὐδʼ αὖ φίλος αὐτῷ γενόμενος οὐδεπώποτε ὥστʼ ἐπισχεῖν· ὥστε τί ἄν ποτε βουλόμενος ἐγώ, τριηραρχῶν μὲν τῇ πόλει, ἐπιμελητὴς δὲ ὢν τῆς συμμορίας, ψηφισμάτων δὲ τοιούτων καὶ νόμου ὄντος, περὶ τὴν εἴσπραξιν ἐπέσχον ἂν τούτῳ; [¶27] 31. It was because Theophemus reasoned in this way that he then refused to restore the equipment but kept himself out of the way, and thought that later on he would he able to rob me; and besides this, he could take refuge in an oath and perjure himself without trouble, a thing which he has done to others also. For the greediness of the man’s character in matters where his interests are involved is dreadful, as I shall show you in fact. For Theophemus, while owing this equipment to the state, made a pretence of shifting the charge to Aphareus, but in actual fact he never reported his name for an adjudication, well knowing that he would be convicted of falsehood, if he should come into court. > Greek: 31. ταύτην τὴν διάνοιαν ἔχων ὁ Θεόφημος τότε μὲν οὐκ ἀπεδίδου τὰ σκεύη, ἀλλʼ ἐκποδὼν ἦν, ὕστερον δὲ ᾤετό με ἀποστερήσειν, πρὸς δὲ τούτοις εἰς ὅρκον καταφυγὼν ῥᾳδίως ἐπιορκήσειν, ὅπερ καὶ ἄλλοις πεποίηκεν. δεινὴ γὰρ ἡ πλεονεξία τοῦ τρόπου περὶ τὰ διάφορα, ὡς ἐγὼ ἔργῳ ὑμῖν ἐπιδείξω. ταῦτα γὰρ τὰ σκεύη ὀφείλων ὁ Θεόφημος τῇ πόλει εἰς Ἀφαρέα ἀνέφερεν λόγῳ, ἔργῳ δὲ οὐκ ἀπεγράψατο πρὸς αὐτὸν διαδικασίαν, εὖ εἰδὼς ὅτι ἐλεγχθήσεται ψευδόμενος, ἐὰν εἰσέλθῃ εἰς δικαστήριον. [¶28] 32. For Aphareus proved that Theophemus had reckoned up against him the cost of the equipment and had got the money from him, when he took over the trierarchy. Now Theophemus maintains that he gave it over to Demochares, and he is suing the children of Demochares, who is now dead. But, while Demochares lived, Theophemus did not report his name for an adjudication when he was being sued by me for the equipment; he merely wished, on the pretence of the lapse of time, to rob the state of the equipment. To prove that I am speaking the truth, the clerk shall read you the depositions. The Depositions Bearing all these facts in mind, therefore, and hearing from those who had had dealings with Theophemus what sort of a man he was in matters where his interests were involved, and failing to recover the equipment from him, I approached the despatching board and the senate, stating that Theophemus would not return to me the equipment for which he was accountable by judgement of the court. > Greek: 32. ὁ γὰρ Ἀφαρεὺς ἐξήλεγχεν αὐτὸν τιμὴν λογισάμενον αὑτῷ τῶν σκευῶν καὶ λαβόντα παρʼ αὑτοῦ, ὅτε παρελάμβανεν τὴν τριηραρχίαν. νῦν δέ φησι Δημοχάρει παραδοῦναι, καὶ δικάζεται τοῖς παιδίοις τοῖς Δημοχάρους τετελευτηκότος τοῦ Δημοχάρους. ὅτε δʼ ἔζη ὁ Δημοχάρης, οὐκ ἀπεγράψατο πρὸς αὐτὸν διαδικασίαν ὁ Θεόφημος, εἰσπραττόμενος ὑπʼ ἐμοῦ τὰ σκεύη, ἀλλʼ ἐβούλετο ἐπὶ προφάσει χρόνου ἐγγενομένου ἀποστερῆσαι τὴν πόλιν τὰ σκεύη. ὡς δʼ ἀληθῆ λέγω, ἀναγνώσεται τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ. [¶29] 33. And the other trierarchs also approached the senate, all those who had not been able to recover the equipment from the persons bound to produce it. And after much argument the senate answered by a decree which the clerk shall read to you, instructing us to recover what was due in whatever way we could. The Decree When, then, the decree had been passed by the senate, since no one indicted it for illegality, but it became valid, I approached this man Evergus, the brother of Theophemus, since I was unable to see Theophemus; and having the decree in my hand I first demanded the return of the equipment, and bade him inform Theophemus; then, after allowing a few days to pass, since he refused to return the equipment, but only jeered at me, I took some witnesses with me, and asked him whether he had divided the estate with his brother, or whether their property was held in common. > Greek: 33. ταῦτα τοίνυν ἐγὼ πάντα ἐνθυμούμενος, καὶ ἀκούων τὸν Θεόφημον τῶν πεπλησιακότων οἷος εἴη περὶ τὰ διάφορα, καὶ οὐκ ἀπολαμβάνων τὰ σκεύη παρʼ αὐτοῦ, προσῄειν πρός τε τοὺς ἀποστολέας καὶ τὴν βουλήν [καὶ τὸν δῆμον], λέγων ὅτι οὐκ ἀποδίδωσί μοι τὰ σκεύη ὁ Θεόφημος, ἃ ὦφλεν ἐν τῷ δικαστηρίῳ. προσῇσαν δὲ καὶ οἱ ἄλλοι τριήραρχοι τῇ βουλῇ, ὅσοι μὴ παρελάμβανον παρὰ τῶν ὀφειλόντων τὰ σκεύη. καὶ πολλῶν λόγων γενομένων ἀποκρίνεται ἡμῖν ἡ βουλὴ ψηφίσματι, ὃ ἀναγνώσεται ὑμῖν, εἰσπράττεσθαι τρόπῳ ᾧ ἂν δυνώμεθα. ΨΗΦΙΣΜΑ. γενομένου τοίνυν τοῦ ψηφίσματος τούτου ἐν τῇ βουλῇ, καὶ οὐδενὸς γραφομένου παρανόμων, ἀλλὰ κυρίου ὄντος, προσελθὼν Εὐέργῳ τουτῳὶ τῷ ἀδελφῷ τοῦ Θεοφήμου, ἐπειδὴ τὸν Θεόφημον οὐχ οἷός τε ἦν ἰδεῖν, ἔχων τὸ ψήφισμα πρῶτον μὲν ἀπῄτησα τὰ σκεύη καὶ ἐκέλευσα αὐτὸν φράσαι τῷ Θεοφήμῳ, ἔπειτα διαλιπὼν ἡμέρας τινάς, ὡς οὐκ ἀπεδίδου τὰ σκεύη, ἀλλʼ ἐχλεύαζέ με, παραλαβὼν μάρτυρας ἠρόμην αὐτὸν πότερα νενεμημένος εἴη πρὸς τὸν ἀδελφὸν ἢ κοινὴ ἡ οὐσία εἴη αὐτοῖς. [¶30] 35. On Evergus’s answering me that it had been divided and that Theophemus lived in a house by himself, but that he (Evergus) lived with his father, I thus learned where Theophemus lived, and taking with me a servant from the magistrates, I went to Theophemus’s house. As I did not find him at home, I bade the woman who answered the door to go and fetch him wherever he might be. This was the woman, whom, according to the depositions of these men, Theophemus offered to deliver up, but whom, after repeated demands, I cannot get from him, that you might learn the truth as to which party began the assault. > Greek: 35. ἀποκριναμένου δέ μοι Εὐέργου ὅτι νενεμημένος εἴη καὶ χωρὶς οἰκοίη ὁ Θεόφημος, αὐτὸς δὲ παρὰ τῷ πατρί, πυθόμενος οὗ ᾤκει ὁ Θεόφημος, λαβὼν παρὰ τῆς ἀρχῆς ὑπηρέτην ἦλθον ἐπὶ τὴν οἰκίαν τοῦ Θεοφήμου. καταλαβὼν δὲ αὐτὸν οὐκ ἔνδον ὄντα, ἐκέλευσα τὴν ἄνθρωπον τὴν ὑπακούσασαν μετελθεῖν αὐτὸν ὅπου εἴη, ταύτην ἣν μεμαρτυρήκασιν οὗτοι προκαλέσασθαι τὸν Θεόφημον παραδοῦναι, ἐγὼ δὲ ἐξαιτῶν οὐ δύναμαι παραλαβεῖν, ἵνʼ ὑμεῖς τὴν ἀλήθειαν πύθησθε, ὁπότερος ἦρξεν χειρῶν ἀδίκων. [¶31] 36. But 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 whom he might see passing by, that I might have them as witnesses to what was said, and 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. > Greek: 36. ὡς δὲ ἀφικνεῖται ὁ Θεόφημος μετελθούσης αὐτὸν τῆς ἀνθρώπου, ἀπῄτουν αὐτὸν τὸ διάγραμμα τῶν σκευῶν, λέγων ὅτι ἤδη περὶ ἀναγωγὴν εἴην, καὶ ἐδείκνυον τὸ ψήφισμα τῆς βουλῆς. ὡς δὲ ταῦτά μου λέγοντος οὐκ ἀπεδίδου, ἀλλὰ ἠπείλει καὶ ἐλοιδορεῖτο, ἐκέλευσα τὸν παῖδα καλέσαι εἴ τινας ἴδοι τῶν πολιτῶν παριόντας ἐκ τῆς ὁδοῦ, ἵνα μάρτυρές μοι εἴησαν τῶν λεγομένων, καὶ ἠξίουν πάλιν τὸν Θεόφημον ἢ αὐτὸν ἀκολουθεῖν πρὸς τοὺς ἀποστολέας καὶ τὴν βουλήν, καὶ εἰ μή φησιν ὀφείλειν, ἐκείνους πείθειν τοὺς παραδόντας καὶ ἀναγκάζοντας εἰσπράττειν, ἢ ἀποδιδόναι τὰ σκεύη· [¶32] 37. 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. > Greek: 37. εἰ δὲ μή, ἐνέχυρα ἔφην λήψεσθαι κατά τε τοὺς νόμους καὶ τὰ ψηφίσματα. οὐδὲν δʼ ἐθέλοντος αὐτοῦ τῶν δικαίων ποιεῖν, ἦγον τὴν ἄνθρωπον ἑστηκυῖαν ἐπὶ τῇ θύρᾳ, τὴν μετελθοῦσαν αὐτόν. [¶33] 38. He 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. 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. > Greek: 38. καὶ ὁ Θεόφημός με ἀφῃρεῖτο, καὶ ἐγὼ τὴν μὲν ἄνθρωπον ἀφῆκα, εἰς δὲ τὴν οἰκίαν εἰσῄειν, ἵνα ἐνέχυρόν τι λάβοιμι τῶν σκευῶν· ἔτυχεν γὰρ ἡ θύρα ἀνεῳγμένη, ὡς ἦλθεν ὁ Θεόφημος, καὶ ἔτι ἔμελλεν εἰσιέναι· καὶ ἐπεπύσμην αὐτὸν ὅτι οὐκ εἴη γεγαμηκώς. εἰσιόντος δέ μου παίει πὺξ ὁ Θεόφημος τὸ στόμα, καὶ ἐγὼ ἐπιμαρτυράμενος τοὺς παρόντας ἠμυνάμην. [¶34] 39. Now 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. > Greek: 39. ὡς οὖν ἀληθῆ λέγω, καὶ ἦρξεν χειρῶν ἀδίκων ὁ Θεόφημος, οὐκ ἄλλοθεν δεῖν οἶμαι τὸν ἔλεγχον γενέσθαι ἢ ἐκ τῆς ἀνθρώπου, ἣν μεμαρτυρήκασιν οὗτοι οἱ μάρτυρες ὡς ἤθελεν ὁ Θεόφημος παραδιδόναι. ταύτῃ δὲ τῇ μαρτυρίᾳ πρότερος εἰσελθὼν εἰς τὸ δικαστήριον, οὐ παραγραφομένου ἐμοῦ οὐδʼ ὑπομνυμένου διὰ τὸ καὶ πρότερόν ποτε ἐφʼ ἑτέρας δίκης ταῦτά με βλάψαι, ἐξηπάτησεν τοὺς δικαστὰς λέγων, οὓς μὲν ἐγὼ παρειχόμην μάρτυρας, τὰ ψευδῆ μαρτυρεῖν, τὴν δὲ ἄνθρωπον ἐρεῖν τὰς ἀληθείας βασανιζομένην. [¶35] 40. But 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. The Decrees The Deposition So 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. > Greek: 40. οἷς δὲ τότε κατεχρῶντο λόγοις, νῦν αὐτοῖς ἐξελέγχονται ὑπεναντία ποιοῦντες· τὴν γὰρ ἄνθρωπον οὐ δύναμαι παραλαβεῖν πολλάκις ἐξαιτήσας, ὡς μεμαρτύρηται ὑμῖν. ἐπειδὴ τοίνυν τὴν ἄνθρωπον οὐ παραδιδόασιν, ἣν αὐτοὶ ἔφασαν προκαλέσασθαι, βούλομαι ὑμῖν καὶ τοὺς μάρτυρας παρασχέσθαι, οἳ εἶδόν με πρότερον πληγέντα ὑπὸ τοῦ Θεοφήμου (ἡ δὲ αἴκεια τοῦτʼ ἔστιν, ὃς ἂν ἄρξῃ χειρῶν ἀδίκων πρότερος) ἄλλως τε καὶ κατὰ τὸν νόμον καὶ κατὰ τὰ ψηφίσματα τὰ ὑμέτερα εἰσπράττοντα. καί μοι ἀνάγνωθι τὰ ψηφίσματα καὶ τὴν μαρτυρίαν. ΨΗΦΙΣΜΑΤΑ. ΜΑΡΤΥΡΙΑ. [¶36] 41. 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,— the senate, I say, ordered me to prefer an impeachment, and that the prytanes 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. > Greek: 41. ἐπειδὴ τοίνυν ἀφῃρέθην τὰ ἐνέχυρα ὑπὸ τοῦ Θεοφήμου καὶ συνεκόπην, ἐλθὼν εἰς τὴν βουλὴν τάς τε πληγὰς ἔδειξα καὶ ἃ πεπονθὼς ἦν εἶπον, καὶ ὅτι εἰσπράττων τῇ πόλει τὰ σκεύη. ἀγανακτήσασα δʼ ἡ βουλὴ ἐφʼ οἷς ἐγὼ ἐπεπόνθειν, καὶ ἰδοῦσά με ὡς διεκείμην, καὶ ἡγησαμένη ὑβρίσθαι οὐκ ἐμέ, ἀλλʼ ἑαυτὴν καὶ τὸν δῆμον τὸν ψηφισάμενον καὶ τὸν νόμον τὸν ἀναγκάσαντα εἰσπράττειν τὰ σκεύη, ἐκέλευεν εἰσαγγέλλειν με, καὶ τοὺς πρυτάνεις προγράφειν αὐτῷ τὴν κρίσιν ἐπὶ δύο ἡμέρας ὡς ἀδικοῦντι καὶ διακωλύοντι τὸν ἀπόστολον, διότι τὰ σκεύη οὐκ ἀπεδίδου καὶ τὰ ἐνέχυρα ἀφείλετο καὶ ἐμὲ συνέκοψεν τὸν εἰσπράττοντα καὶ ὑπηρετοῦντα τῇ πόλει.