Against Callicles

But these men are so different from the others, that, although they have suffered no damage, as I shall presently make clear to you, while many others have suffered damage in many grievous ways, they alone have had the effrontery to sue me. Yet anyone else would have had better reason to do this than they have; for even if they have suffered damage, it has been through their own fault, though they bring a malicious suit against me; whereas the others, not to speak of anything else, are open to no such imputation.

But that I may not speak confusedly of all matters at once, take, please, the depositions of the neighbors.

The Depositions

Is it not, then, an outrageous thing, men of the jury, that, while these people have made no complaint against me, although they suffered such heavy damages, nor has anyone else of those who suffered misfortune, but they have accepted their lot, this man should bring a malicious suit? But that he is himself at fault, first in that he made the road narrower by extending his wall beyond the property line, in order to enclose the trees of the road, and, secondly, in that he threw the rubbish into it, from which actions it resulted that he made the road higher as well as narrower—of this you will presently gain clearer knowledge from the depositions.

But I shall now endeavor to show you that he has brought a suit for such heavy damages against me without having suffered any loss or damage worthy of mention. Before they undertook this malicious action against me, my mother and theirs were intimate friends and used to visit one another, as was natural, since both lived in the country and were neighbors, and since, furthermore, their husbands had been friends while they lived.

Well, my mother went to see theirs, and the latter told her with weeping what had happened, and showed her the effects; this, men of the jury, is the way in which I learned all the facts. And I am telling you just what I heard from my mother;—as I speak the truth, so may many blessings be mine; if I am lying, may the opposite befall me. She averred that she saw, and heard from their mother, that some of the barley got wet (she saw them drying it), but not so much as three medimni,[*](The medimnus was a standard measure of grain, containing approximately a bushel and a half.) and about half a medimnus of wheat flour; also, she said, a jar of olive oil had tilted over, but had not been damaged.

So trivial, men of the jury, was the loss that befell them, yet for this I am made defendant in a suit with damages fixed at a thousand drachmae! If he repaired an old wall, this surely ought not to be charged against me—a wall moreover which neither fell down nor suffered any damage. So, if I were to concede that I was to blame for everything that occurred, the things that got wet were these.

But since in the beginning my father was within his rights in enclosing the land and these people never made any complaint during the lapse of so long a time, and the others who were severely damaged make no complaint any more than they; and since it is the custom of all of you to drain the water from your houses and lands into the road, and not, heaven knows, to let it flow in from the road, what need is there to say more? These facts of themselves make it clear that the suit against me is a baseless and malicious one, since I am guilty of no wrong, and they have not suffered the damage they allege.

However, to prove to you that they have thrown the rubbish into the road, and by advancing the wall have made the road narrower; and furthermore that I tendered an oath to their mother, and challenged them to have my mother swear in the same terms, (to the clerk) take, please, the depositions and the challenge

The Depositions. The Challenge

Could there, then, be people more shameless than these, or more plainly malicious pettifoggers—men who, after advancing their own wall and raising the level of the road, are suing others for damages, and that too for a fixed sum of a thousand drachmae, when they have themselves lost fifty at most? And yet consider, men of the jury, how many people in the farm-lands have suffered from floods in Eleusis[*](Eleusis, a town in Attica, famed as a central point in the worship of Demeter, and the scene of the celebration of the great mysteries.) and in other places. But, good heavens, I take it each one of these is not going to claim the right to recover damages from his neighbors.

And I, who might well be angry at their having made the road narrower and raised its level, keep quiet, while these men have such superabundance of audacity, it seems, that they even bring malicious suits against those whom they have injured! But surely, Callicles, if you have the right to enclose your land, we too had the right to enclose ours. And if my father wronged you by enclosing his, you are now wronging me by thus enclosing yours.

For it is evident that, since you have built your obstructing wall with large stones, the water will flow back upon my land, and when it so chances, may with an unlooked-for rush throw down my wall. However, I do not on this account claim damages from these men, but I shall submit to the misfortune, and shall try to protect my own property. For I think the plaintiff is acting wisely in walling in his land, but when he brings suit against me, I hold that he is the basest of men and that some ailment has impaired his wits.

Do not be surprised, men of the jury, at the eagerness of the plaintiff or even at his having dared to bring a false charge against me now. For in a previous instance also, when he induced his cousin to lay claim to my land, he produced an agreement which had never been made. And now he has obtained an award against me for default in a similar suit, entering in the indictment the name of Callarus, one of my slaves. For in addition to their other pieces of rascality they have devised this scheme as well—they bring this same suit against Callarus.

And yet what slave would wall in his master’s land without orders from his master? But having no other charge to bring against Callarus, they lodge suit against him regarding the wall which my father built more than fifteen years before his death. And if I give up my property, either by selling it to these men or by exchanging it for other land, Callarus is guilty of no wrong, but if I do not choose to give it up to them, then they are being wronged by Callarus in all manner of grievous ways, and they look out for an arbitrator who will adjudge the property to them, or for some sort of compromise by which they will get possession of it!

Now, men of the jury, if those who lay plots against others and bring baseless suits are to have the best of it, all that I have said would prove of no avail; but if you abominate people of that sort, and vote as justice demands, then, as Callicles has suffered no loss and has in no way been wronged either by Callarus or by my father, I do not see what need there is of my saying more.

To prove to you, however, that previously in his designs upon my property he got the help of his cousin, and that he has in his own person obtained an award against Callarus in another such suit—looking upon me with despite because I value the man highly,—and that he has again brought another suit against Callarus,—to prove all these things the clerk shall read you the depositions.

The Depositions

Do not, then, men of the jury, I beg you in the name of Zeus and the gods, leave me as the prey of these men, when I have done no wrong. I do not care so much about the penalty, hard as that is on persons of small means; but they are absolutely driving me out of the deme by their persecution and baseless charges. To prove that I have done no wrong, I was ready to submit the matter for settlement to fair and impartial men who knew the facts, and I was ready to swear the customary oath; for I thought that would be the strongest proof I could bring before you, who are yourselves upon oath.

(To the clerk.) Please take the challenge and the remaining depositions.

The Challenge. The Depositions.