Against Evergus and Mnesibulus

And not only did they go off with my furniture, men of the jury, but they were even on the point of taking away my son, as though he were a slave, until Hermogenes, one of my neighbors, met them and told them that he was my son.

To prove that I am speaking the truth in this, the clerk shall read you the depositions.

The Depositions

When, then, the news of what had been done was brought me in Peiraeus by the neighhors, I went to the farm, but found that these men had left; I saw, however, that the household goods had been carried off and in what plight the old woman was. My wife told me what had taken place, so, early next morning, I approached Theophemus in the city, having witnesses with me, and demanded, first that he accept payment of the amount of his judgement, and go with me to the bank, then, that he should provide for the care of the old woman whom they had beaten, calling in any physician whom they pleased.

While I was saying this and solemnly protesting against their actions, they abused me roundly; then Theophemus went with me very reluctantly and making much delay, alleging that he too wished to take witnesses along with him (this talk was a trick on his part to gain time); but this fellow Evergus went at once from the city in company with some others of like stamp to the farm. The furniture which I had remaining—some few pieces which the day before happened to be in the tower and not outside—had, after I came home, necessarily been brought down, and Evergus, forcing open the gate which they had broken down the day before, and which was scarcely fastened, carried off my furniture—Evergus, to whom I owed no judgement, and with whom I had had no business transaction whatever.

On my making full payment to Theophemus to whom I owed the judgement, when I had paid him in the presence of many witnesses eleven hundred drachmae, the amount of the judgement, one hundred and eighty-three drachmae two obols for the fine of one-sixth of that sum, and thirty drachmae for court fees (I owed him nothing in the way of other penalties)—when, I say, he had received from me at the bank one thousand three hundred and thirteen drachmae two obols, the total amount, on my demanding the return of the sheep and the slaves and the furniture of which he had robbed me, he declared that he would not return them to me unless I should release him and his associates from all claims, and the witnesses from the suit for false testimony.

When he had given me this reply, I called upon those present to be witnesses to his answer, but I paid him the judgement, for I did not think it best to he in default. As for Evergus, I did not know that he had gone to my house on that day, but as soon as the judgement had been paid, while Theophemus still had the sheep and the slaves and the furniture, a stone-cutter, who was working on the monument near by, came to bring me word that Evergus had carried off from the house the rest of my furniture—that, namely, which had remained untouched the day before,—Evergus, with whom I had nothing whatever to do.

To prove that I am speaking the truth, that on the day before they had taken from me goods as security, and that the next day they recovered the money from me (and yet, if the money had not been got together and I had not given them notice, how, pray, could they have secured immediate payment?), and that on that very day they had gone again into the house, while I was paying the money—to prove all this, the clerk shall read you the depositions.

The Depositions

Since, then, men of the jury, he paid no heed, when I served notice on him to care for the woman whom they had beaten and to bring in a physician, I myself brought in one with whom I had had dealings for many years, and he cared for her during her illness. I showed him the plight she was in, and brought witnesses. Hearing from the physician that the woman’s condition was hopeless, I again took other witnesses, and pointing out the condition she was in served notice on these men to care for her. On the sixth day after these men had come into the house the nurse died.

To prove that I am speaking the truth in this, the clerk shall read you the depositions bearing upon these matters.

The Depositions

Well then, after her death I went to the Interpreters[*](A traditional, rather than official, body of men from the old noble families, who alone could interpret the unwritten laws governing matters of ceremonial and religious observance.) in order to learn what I ought to do in the matter, and I related to them all that had taken place: the coming of these men, the devotion of the woman, why it was that I kept her in my house, and that she had met her end because she would not surrender the cup. When the Interpreters had heard all this from me, they asked me whether they should interpret the law for me and nothing more, or should also advise me.

On my answering them, Both, they said to me, Very well, we will interpret for you the law, and also give you advice to your profit. In the first place, if there be anyone related to the woman, let him carry a spear when she is borne forth to the tomb and make solemn proclamation at the tomb, and thereafter let him guard the tomb for the space of three days. And this is the advice which we give you: since you were not yourself present, but only your wife and your children, and since you have no other witnesses, we advise you not to make proclamation against anyone by name, but in general against the perpetrators and the murderers;

and again not to institute suit before the king.[*](That is, the king-archon; cf. Dem. 43.42 and Dem. 43.43) For that course is not open to you under the law, since the woman is not a relative of yours nor yet a servant, according to your own statement; and it is to relatives or to masters that the law appoints the duty of prosecuting. If, then, you should take the oath at the Palladium,[*](The Palladium (properly a statue of Pallas) was the name of the place where the court of the ἐφέται held its sessions. On this court see Dem. 43.57, with the note.) yourself and your wife and your children, and imprecate curses upon yourselves and your house, you will lose the goodwill of many, and if your opponent is acquitted, you will be thought to have committed perjury, and if you convict him, you will he an object of malice. No, after you have performed the proper religious rites to cleanse yourself and your house, bear your misfortune with such patience as you can, and, if you choose, avenge yourself in some other way.

When I had received this advice from the Interpreters and had looked at the laws of Draco on the inscribed slab, I consulted with my friends as to what course of action I should pursue. As they gave me the same advice, I did what was necessary to purify the house and what the Interpreters had prescribed, and abstained from further action which the laws forbade.

For the law, men of the jury, ordains that prosecution shall be by relatives within the degree of children of cousins; and that in the oath inquiry shall be made as to what the relationship is, even if the victim be a servant; and it is from these persons that criminal actions shall proceed. But the woman was in no way related to me by blood, she had only been my nurse; nor again was she a servant; for she had been set free by my father, and she lived in a separate house, and had taken a husband.

Now, to tell a false story to you and support it by an oath with imprecations on myself, my son, and my wife, was a thing I dared not do, even if I knew well that I should convict these men; for I do not hate them as much as I love myself.

But that you may hear this not merely from my own lips, the clerk shall read you the law itself.

The Law

I fancy, men of the jury, that it has become clear to you on many grounds that the deposition is false, but that you see it most readily from the conduct of the men themselves. For they thought, men of the jury, that, if they took a large quantity of goods from me as security, I should be glad to release the witnesses from the charge of false testimony in order to get back the goods.

And when I asked Theophemus to oblige me by extending the time of payment, he was glad to comply in order that I might be in default, and that he might carry off as many goods as possible. It was for this reason that he acceded to my request so guilelessly and so promptly in order to win my confidence and keep me from seeing his plot; for he thought it was not possible for him in any other way to get the witnesses released from the charge of false testimony than by tricking me, catching me in default and carrying off as many goods as possible; for he expected to get, not only what they actually have of mine, but a great deal more.

And he waited the rest of the time, thinking that I should not quickly get the money together, and wishing to seize the goods as security just when the trial for false testimony was coming on; but when I served notice on him to come and collect the amount of the judgement, he went and seized my furniture and slaves and sheep instead of receiving payment. I till a farm near the Hippodrome, so that he did not have far to go.

That what I am saying is true let this be a strong proof: he got the amount of the judgement the day after he seized the security. And yet, if I had not got the money together, how could he have got payment at once in cash, one thousand three hundred and thirteen drachmae two obols? And the goods which he had seized as security he refused to return to me, but up to this day he keeps them, as though I were in default. But to prove that I was not in default, read me the deposition and the law which ordains that all agreements entered into by the two parties shall be binding; I was, therefore, as you see, no longer in default to him.

The Law. The Deposition

Well, then, that he consented and extended the time of payment has been established for you by witnesses, and that I was serving as trierarch my colleague in the trierarchy has testified, and also that the ship was equipped as flagship for the admiral Alcimachus. Surely, then, I was not in default to him when he had extended the time, especially since I paid the money in full. But the graspingness of his disposition, when it is a question of more or less, is dreadful, men of the jury. And they knew well that, if they should deliver up the woman for examination, it would be proved that their charge was false, while, if they should not deliver up the woman, whom the witnesses stated that Theophemus was willing to deliver up, they would be convicted of false testimony.

I beg of you, men of the jury, if any one of those who then served as jurors happens to be in the court-room, to act upon the same principles as you did then; and, if the deposition seemed to you to be worthy of credence, and I seemed to shrink from the test which the examination of the woman would have afforded, now, when they are proved to have given false testimony and do not deliver up the woman, to come to my aid: and if you are angry with me because I went to the house of Theophemus to take security, to be angry now with these men also because they went to my house.

And I, who was forced to go by the laws and the decrees, was careful not to make my way into the presence of the father or mother of Theophemus or to take anything belonging to his brother; but I went to where Theophemus lived by himself, and when I did not find him at home, I did not seize anything and carry it off, but bade someone fetch him, and I took the security in his presence and not in his absence; and when it was taken from me, I gave it up and betook myself to the senate, the proper authority, and when I had preferred my impeachment and had convicted him in the senate, I thought it enough merely to recover the ship’s equipment, and to leave the matter of the assault to a referee, and to make a concession in the matter of the fine.