Against Evergus and Mnesibulus

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. The law of Periander[*](This law was passed in 538-537 B.C.) 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.

Now I, as it happened, was a trierarch and overseer of the navy-board, and Demochares of Paeania[*](Paeania was a deme of the tribe Pandionis.) 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.

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.

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. 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.

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[*](This Hermes, dedicated by the nine archons in 493-492, stood near the Ἀστικὸς Πυλών, or City Gate, of the north fortification wall of the Peiraeus. See Judeich, Topographie von Athen 2, pp. 152 f.) 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.

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. 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,[*](The διαδικασία was a procedure for the adjudication of the claims or responsibilities of various contestants. The technical modern term is interpleader.) 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;

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?

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?

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.

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. 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.

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.

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[*](Only a citizen would be a competent witness. A slave or an alien would not suffice.) 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. 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.

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.[*](Hence the speaker felt at liberty to enter the apartment.) 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.

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.

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