§1δεδωκότων, ὦ ἄνδρες δικασταί, τῶν νόμων παραγράψασθαι περὶ ὧν ἄν τις ἀφεὶς καὶ ἀπαλλάξας δικάζηται, γεγενημένων ἀμφοτέρων μοι τούτων πρὸς Πανταίνετον τουτονί, παρεγραψάμην, ὡς ἠκούσατʼ ἀρτίως, μὴ εἰσαγώγιμον εἶναι τὴν δίκην, οὐκ οἰόμενος δεῖν ἀφεῖσθαι τοῦ δικαίου τούτου, οὐδʼ, ἐπειδὰν ἐξελέγξω πρὸς ἅπασι τοῖς ἄλλοις καὶ ἀφεικότα τοῦτον ἐμαυτὸν καὶ ἀπηλλαγμένον, ἐγγενέσθαι τούτῳ μὴ φάσκειν ἀληθῆ με λέγειν, καὶ ποιεῖσθαι τεκμήριον ὡς, εἴπερ ἐπράχθη τι τοιοῦτον, παρεγραψάμην ἂν αὐτόν, ἀλλʼ ἐπὶ ταύτης τῆς σκήψεως εἰσελθὼν ἀμφότερʼ ὑμῖν ἐπιδεῖξαι, καὶ ὡς οὐδὲν ἠδίκηκα τοῦτον καὶ ὡς παρὰ τὸν νόμον μοι δικάζεται. §2εἰ μὲν οὖν ἐπεπόνθει τι τούτων Πανταίνετος ὧν νῦν ἐγκαλεῖ, κατʼ ἐκείνους ἂν τοὺς χρόνους εὐθὺς ἐφαίνετό μοι δικαζόμενος, ἐν οἷς τὸ συμβόλαιον ἡμῖν πρὸς ἀλλήλους ἐγένετο, οὐσῶν μὲν ἐμμήνων τούτων τῶν δικῶν, ἐπιδημούντων δʼ ἡμῶν ἀμφοτέρων, ἁπάντων δʼ ἀνθρώπων εἰωθότων παρʼ αὐτὰ τἀδικήματα μᾶλλον ἢ χρόνων ἐγγεγενημένων ἀγανακτεῖν.
Since the laws, gentlemen of the jury, permit a defendant to enter a special plea in cases where a plaintiff brings a suit after having released and discharged the defendant, and since both of these have been done by me in relation to Pantainetus here, I entered a special plea, as you heard just now, that the action is not maintainable. I did not think I ought to abandon this right, nor did I wish, after I have proved to everyone's satisfaction that he had released and discharged me, that it should be possible for him to deny the truth of my words, and to make it a proof that "if any such thing had been done, I would have entered a special plea," but rather, by coming into court upon this plea, to demonstrate to you both that I have done him no wrong and that he is bringing this suit against me in violation of the law. If, then, Pantainetus had suffered any of the wrongs for which he now brings charges, he would clearly have been seen bringing a suit against me at that very time when our contract with each other was made; for these suits are held monthly, both of us were in the city, and all men are accustomed to show their resentment immediately after the wrongs rather than after a long time has elapsed.
ἐπειδὴ δʼ οὐδὲν ἠδικημένος, ὡς καὶ ὑμεῖς οἶδʼ ὅτι φήσετε, ἐπειδὰν τὰ πεπραγμένʼ ἀκούσητε, τῷ κατορθῶσαι τὴν πρὸς Εὔεργον δίκην ἐπηρμένος συκοφαντεῖ, ὑπόλοιπόν ἐστι παρʼ ὑμῖν, ὦ ἄνδρες δικασταί, ἐπιδείξανθʼ ὡς οὐδʼ ὁτιοῦν ἀδικῶ, καὶ μάρτυρας ὧν ἂν λέγω παρασχόμενον, πειρᾶσθαι σῴζειν ἐμαυτόν. §3δεήσομαι δὲ καὶ μέτρια καὶ δίκαιʼ ὑμῶν ἁπάντων, ἀκοῦσαί τέ μου περὶ ὧν παρεγραψάμην εὐνοϊκῶς, καὶ προσέχειν ὅλῳ τῷ πράγματι τὸν νοῦν·
But since he has suffered no wrong—as I know you will also agree when you have heard the facts—but, elated by his success in the suit against Euergos, is bringing a malicious prosecution, it remains for me, gentlemen of the jury, to demonstrate that I am not in the least in the wrong, to produce witnesses for what I say, and to try to save myself. I shall make a moderate and just request of you all, namely, to listen to me with goodwill concerning the plea I have entered, and to pay close attention to the whole matter.
πολλῶν γὰρ δικῶν ἐν τῇ πόλει γεγενημένων, οὐδένα πω δίκην οὔτʼ ἀναιδεστέραν οὔτε συκοφαντικωτέραν οἴομαι φανήσεσθαι δεδικασμένον ἧς νῦν οὑτοσὶ λαχὼν εἰσελθεῖν τετόλμηκεν. ἐξ ἀρχῆς δʼ, ὡς ἂν οἷός τʼ ὦ διὰ βραχυτάτων, ἅπαντα τὰ πραχθέντα διηγήσομαι πρὸς ὑμᾶς.
For although many lawsuits have occurred in the city, I think it will be shown that no one has ever ventured to bring a suit more shameless or more malicious than the one which this man has now dared to institute and bring into court.
§4ἐδανείσαμεν πέντε καὶ ἑκατὸν μνᾶς ἐγὼ καὶ Εὔεργος, ὦ ἄνδρες δικασταί, Πανταινέτῳ τουτῳί, ἐπʼ ἐργαστηρίῳ τʼ ἐν τοῖς ἔργοις ἐν Μαρωνείᾳ καὶ τριάκοντʼ ἀνδραπόδοις.
I shall relate to you from the beginning, as briefly as I can, everything that was done. We lent one hundred and five minae, gentlemen of the jury, Euergos and I, to this Pantainetus here, on the security of a workshop in the mining district at Maroneia and thirty slaves.
ἦν δὲ τοῦ δανείσματος τετταράκοντα μὲν καὶ πέντε μναῖ ἐμαί, τάλαντον δʼ Εὐέργου.
Of this loan, forty-five minae were mine, and a talent belonged to Euergos.
συνέβαινε δὲ τοῦτον ὀφείλειν Μνησικλεῖ μὲν Κολλυτεῖ τάλαντον, Φιλέᾳ δʼ Ἐλευσινίῳ καὶ Πλείστορι πέντε καὶ τετταράκοντα μνᾶς. §5πρατὴρ μὲν δὴ τοῦ ἐργαστηρίου καὶ τῶν ἀνδραπόδων ὁ Μνησικλῆς ἡμῖν γίγνεται (καὶ γὰρ ἐώνητʼ ἐκεῖνος αὐτὰ τούτῳ παρὰ Τηλεμάχου τοῦ πρότερον κεκτημένου)· μισθοῦται δʼ οὗτος παρʼ ἡμῶν τοῦ γιγνομένου τόκου τῷ ἀργυρίῳ, πέντε καὶ ἑκατὸν δραχμῶν τοῦ μηνὸς ἑκάστου.
It happened that this man owed a talent to Mnesicles of Kollytos, and forty-five minae to Phileas of Eleusis and Pleistor. Thus, Mnesicles became the seller to us of the workshop and the slaves (for he had bought them for this man from Telemachus, the former owner); and this man leased them from us at a rent equal to the interest accruing on the money, namely, one hundred and five drachmae each month.
καὶ τιθέμεθα συνθήκας, ἐν αἷς ἥ τε μίσθωσις ἦν γεγραμμένη καὶ λύσις τούτῳ παρʼ ἡμῶν ἔν τινι ῥητῷ χρόνῳ. §6πραχθέντων δὲ τούτων ἐλαφηβολιῶνος μηνὸς ἐπὶ Θεοφίλου ἄρχοντος, ἐγὼ μὲν ἐκπλέων εἰς τὸν Πόντον εὐθὺς ᾠχόμην, οὗτος δʼ ἐνθάδʼ ἦν καὶ Εὔεργος.
And we drew up an agreement in which the lease was written, and also a right of redemption for him from us within a specified time. These transactions took place in the month of Elaphebolion in the archonship of Theophilos, and I immediately set sail for the Pontus, while this man and Euergos remained here.
τὰ μὲν δὴ πραχθέντα τούτοις πρὸς αὑτούς, ἕως ἀπεδήμουν ἐγώ, οὐκ ἂν ἔχοιμʼ εἰπεῖν.
What took place between them during my absence, I cannot say.
οὔτε γὰρ ταὐτὰ λέγουσιν οὔτʼ ἀεὶ ταὔθʼ οὗτός γε, ἀλλὰ τοτὲ μὲν ἐκπεσεῖν ὑπʼ ἐκείνου βίᾳ παρὰ τὰς συνθήκας ἐκ τῆς μισθώσεως, τοτὲ δʼ αὐτὸν αἴτιον αὑτῷ πρὸς τὸ δημόσιον γενέσθαι τῆς ἐγγραφῆς, τοτὲ δʼ ἄλλʼ ὅ τι ἂν βούληται. §7ἐκεῖνος δʼ ἁπλῶς οὔτε τοὺς τόκους ἀπολαμβάνων οὔτε τῶν ἄλλων τῶν ἐν ταῖς συνθήκαις ποιοῦντος οὐδὲν τούτου, ἐλθὼν παρʼ ἑκόντος τούτου λαβὼν ἔχειν τὰ ἑαυτοῦ· μετὰ δὲ ταῦτʼ ἀπελθόντα τοῦτον ἥκειν τοὺς ἀμφισβητήσοντας ἄγοντα, αὐτὸς δʼ οὐχ ὑπεξελθεῖν ἐκείνοις, τοῦτον δʼ οὐχὶ κωλύειν ἔχειν ὅσαπερ ἐμισθώσατο, εἰ ποιοίη τὰ συγκείμενα.
For they do not tell the same story, nor does this man always say the same thing; sometimes he says he was forcibly ejected from the lease by Euergos in violation of the agreement, sometimes that he himself was the cause of his own registration with the treasury, and at other times whatever else he pleases. Euergos, however, states simply that, since he was receiving neither the interest nor any other of the conditions in the agreement being performed by this man, he went with this man's consent and took possession of his own property; and that after this, when this man had departed, he returned bringing claimants to dispute the possession, but that he himself did not yield to them, nor did he prevent this man from holding all that he had leased, if he would perform the terms of the agreement.