Humanitext Reader

Demosthenes · Against Pantaenetus §29-36

Legality of Property Sale and Improper Jurisdiction

Passage 5 of 8 · Greek

Summary

Nicobulus refutes Pantaenetus's accusations regarding the sale of the workshop by showing the actual terms of their transaction, and argues that the various charges in the indictment fall outside the jurisdiction of the presiding magistrates and do not meet the criteria for a mining suit.

§29λέγε δʼ αὐτοῖς τὸ ἐφεξῆς.
Read the next part to them.
ΕΓΚΛΗΜΑ. καὶ ἀποδόμενος τὸ ἐργαστήριον τὸ ἐμὸν καὶ τοὺς οἰκέτας παρὰ τὰς συνθήκας, ἃς ἔθετο πρός με.
INDICTMENT. "And having sold my workshop and the slaves contrary to the agreement which he made with me." Stop.
ἐπίσχες. τουτὶ πολὺ πάνθʼ ὑπερβέβληκεν τἄλλα.
This far surpasses all the other lies.
πρῶτον μὲν γὰρ παρὰ τὰς συνθήκας φησίν, ἃς ἔθετο πρὸς ἐμέ. αὗται δʼ εἰσὶ τίνες;
For, in the first place, he says, "contrary to the agreement which he made with me." But what agreement is this?
ἐμισθώσαμεν τῶν τόκων τῶν γιγνομένων τούτῳ τὰ ἡμέτερʼ ἡμεῖς, καὶ ἄλλʼ οὐδέν· πρατὴρ μὲν γὰρ ὁ Μνησικλῆς ἡμῖν ἐγεγόνει τούτου παρόντος καὶ κελεύοντος.
We leased our own property to this man for the interest that was accruing, and nothing else; for Mnesicles had become the seller of this to us in this man's presence and at his bidding.
§30μετὰ ταῦτα δὲ τὸν αὐτὸν τρόπον ἡμεῖς ἑτέροις ἀπεδόμεθα, ἐφʼ οἷσπερ αὐτοὶ ἐπριάμεθα, οὐ μόνον κελεύοντος ἔτι τούτου, ἀλλὰ καὶ ἱκετεύοντος· οὐδεὶς γὰρ ἤθελεν δέχεσθαι τοῦτον πρατῆρα.
After this, in the same manner, we sold them to others on the very terms on which we ourselves had bought them, not only at this man's bidding, but even at his entreaty; for no one was willing to accept him as the seller.
τί οὖν αἱ τῆς μισθώσεως ἐνταῦθα συνθῆκαι;
What, then, does the lease agreement have to do with this?
τί τοῦτʼ, ὦ φαυλότατʼ ἀνθρώπων, ἐνέγραψας;
Why did you write this in, you basest of men?
ἀλλὰ μὴν ὅτι σοῦ κελεύοντος καὶ ἐφʼ οἷσπερ ἐωνήμεθʼ αὐτοὶ πάλιν ἀπεδόμεθα, λέγε τὴν μαρτυρίαν.
But to prove that we sold them again at your bidding and on the same terms on which we ourselves had purchased them, read the testimony.
ΜΑΡΤΥΡΙΑ.
TESTIMONY.
§31μαρτυρεῖς τοίνυν καὶ σύ· ἃ γὰρ ἡμεῖς πέντε καὶ ἑκατὸν μνῶν ἐωνήμεθα, ταῦθʼ ὕστερον τριῶν ταλάντων καὶ δισχιλίων καὶ ἑξακοσίων ἀπέδου σύ·
Indeed, you yourself also bear witness to this; for what we bought for a hundred and five minae, you afterwards sold for three talents and twenty-six hundred drachmae.
καίτοι τίς ἂν καθάπαξ πρατῆρά σʼ ἔχων σοὶ δραχμὴν ἔδωκε μίαν;
And yet, who would have given you a single drachma if they had you as the direct seller?
ἀλλὰ μὴν ὅτι ταῦτʼ ἀληθῆ λέγω, κάλει μοι τούτων τοὺς μάρτυρας.
But to prove that I am speaking the truth in this, call the witnesses for me.
ΜΑΡΤΥΡΕΣ.
WITNESSES.
§32ἔχων μὲν τοίνυν ἣν ἐπείσθη τῶν αὑτοῦ τιμήν, δεηθεὶς δʼ ἐμοῦ τὸ γενέσθαι πρατῆρα καθʼ ὃ συνέβαλον ἀργύριον, αὑτὸς δυοῖν ταλάντοιν προσδικάζεται.
Thus, while he holds the price for his property which he agreed to, and after having begged me to become the seller to the extent of the money which I had contributed, he himself is suing for two talents.
καὶ τὰ λοιπὰ τῶν ἐγκλημάτων ἔτʼ ἐστὶ δεινότερα.
And the rest of the charges are still more outrageous.
λέγε δή μοι τὸ λοιπὸν τοῦ ἐγκλήματος.
Read the remainder of the indictment for me.
ΕΓΚΛΗΜΑ.
INDICTMENT.
§33ἐνταυθὶ πόλλʼ ἄττα καὶ δεινά μοι ἅμʼ ἐγκαλεῖ· καὶ γὰρ αἴκειαν καὶ ὕβριν καὶ βιαίων καὶ πρὸς ἐπικλήρους ἀδικήματα.
Here he brings many serious charges against me at the same time; for he accuses me of assault, hubris, acts of violence, and offenses against heiresses.
τούτων δʼ εἰσὶν ἑκάστου χωρὶς αἱ δίκαι καὶ οὔτε πρὸς ἀρχὴν τὴν αὐτὴν οὔθʼ ὑπὲρ τιμημάτων τῶν αὐτῶν, ἀλλʼ ἡ μὲν αἴκεια καὶ τὰ τῶν βιαίων πρὸς τοὺς τετταράκοντα, αἱ δὲ τῆς ὕβρεως πρὸς τοὺς θεσμοθέτας, ὅσα δʼ εἰς ἐπικλήρους, πρὸς τὸν ἄρχοντα.
But for each of these there are separate actions, and they are neither brought before the same magistrate nor involve the same penalties; rather, actions for assault and violence are before the Forty, those for hubris before the Thesmothetae, and those concerning heiresses before the Archon.
οἱ δὲ νόμοι καὶ τούτων διδόασι τὰς παραγραφὰς ἀντιλαγχάνειν, περὶ ὧν οὐκ εἰσὶν εἰσαγωγεῖς.
And the laws allow a defendant to enter a plea of objection in those cases where there is no right of action before the magistrate.
λέγε δʼ αὐτοῖς τουτονὶ τὸν νόμον.
Read this law to them.
ΝΟΜΟΣ.
LAW.
§34τοῦτο τοίνυν ἐμοῦ παραγεγραμμένου πρὸς τῇ ἄλλῃ παραγραφῇ, καὶ οὐκ ὄντων εἰσαγωγέων τῶν θεσμοθετῶν ὑπὲρ ὧν λαγχάνει Πανταίνετος, ἐξαλήλιπται καὶ οὐ πρόσεστι τῇ παραγραφῇ.
Now, although I entered this objection in addition to my other plea, and although the Thesmothetae have no jurisdiction over the matters on which Pantaenetus is bringing his suit, this has been erased and is not present in the plea.
τὸ δʼ ὅπως, ὑμεῖς σκοπεῖτε· ἐμοὶ μὲν γάρ, ἕως ἂν ἔχω τὸν νόμον αὐτὸν δεικνύναι, οὐδʼ ὁτιοῦν διαφέρει· οὐ γὰρ τὸ γιγνώσκειν καὶ συνιέναι τὰ δίκαιʼ ὑμῶν ἐξαλεῖψαι δυνήσεται.
How this happened, you must consider; for to me, so long as I am able to show the law itself, it makes not the slightest difference; for they will not be able to erase your ability to recognize and understand what is just.
§35λαβὲ δὴ καὶ τὸν μεταλλικὸν νόμον· καὶ γὰρ ἐκ τούτου δείξειν οἴομαι, οὔτʼ οὖσαν εἰσαγώγιμον τὴν δίκην, χάριτός τʼ ὢν μᾶλλον ἄξιος ἢ τοῦ συκοφαντεῖσθαι.
Take also the mining law; for from this too I think I shall show that the action is not admissible, and that I am more deserving of gratitude than of being maliciously prosecuted.
λέγε.
Read.
ΝΟΜΟΣ. οὗτος σαφῶς ὁ νόμος διείρηκεν ὧν εἶναι δίκας προσήκει μεταλλικάς.
LAW. This law has clearly defined in what cases mining actions ought to lie.
οὐκοῦν ὁ μὲν νόμος, ἐάν τις ἐξίλλῃ τινὰ τῆς ἐργασίας, ὑπόδικον ποιεῖ· ἐγὼ δʼ οὐχ ὅπως αὐτὸς ἐξίλλω, ἀλλʼ ὧν τοῦτον ἄλλος ἀπεστέρει, τούτων ἐγκρατῆ κατέστησα καὶ παρέδωκα, καὶ πρατὴρ τούτου δεηθέντος ἐγενόμην.
Now, the law makes a man liable to action if one ejects another from his working; but I, far from ejecting him myself, put him in possession of and delivered to him the very property of which another was depriving him, and became the seller at his own request.
§36ναί, φησίν· ἀλλὰ κἂν ἄλλο τι ἀδικῇ τις περὶ τὰ μέταλλα, καὶ τούτων εἰσὶν δίκαι. ὀρθῶς γʼ, ὦ Πανταίνετε· ἀλλὰ ταῦτα τί ἐστιν;
'Yes,' he says, 'but if anyone commits any other wrong concerning the mines, there are actions for these also.' Quite right, Pantaenetus; but what are these?
ἂν τύφῃ τις, ἂν ὅπλʼ ἐπιφέρῃ, ἂν ἐπικατατέμνῃ τῶν μέτρων ἐντός. ταῦτʼ ἐστὶν τἄλλα, ὧν οὐδὲν δήπου πέπρακται πρὸς ὑμᾶς ἐμοί, πλὴν εἰ τοὺς κομιζομένους ἃ προεῖντό σοι, μεθʼ ὅπλων ἥκειν νομίζεις.
'If one should smoke out another, if one should bring weapons against another, if one should cut into another's boundaries.' These are the other cases, of which none, I presume, has been committed by me against you, unless you think that those who came to recover what they had lent to you came with weapons.
εἰ δὲ ταῦθʼ ἡγεῖ, πρὸς ἅπαντας τοὺς προϊεμένους τὰ ἑαυτῶν εἰσί σοι δίκαι μεταλλικαί.
If you believe this, then you can bring mining suits against all those who lend their own money.

Notes

  1. 29τῶν τόκων τῶν γιγνομένων τούτῳ — Genitive of price or value, meaning "at a rate of rent equal to the interest accruing to this man." It explains the economic arrangement where the rent was set to balance the interest on the principal.
  2. 31καθάπαξ πρατῆρα — The adverb καθάπαξ ("altogether", "directly") modifies the noun πρατῆρα, meaning "direct seller" or "absolute seller." It emphasizes that Pantaenetus lacked the credit to act as the sole seller in the transaction without a guarantor.
  3. 33περί ὧν οὐκ εἰσὶν εἰσαγωγεῖς — The relative pronoun ὧν refers back to the legal actions (δίκαι) mentioned. The word εἰσαγωγεύς means the magistrate who has the authority to introduce a case into court. The clause states that a paragraphe is permitted against those magistrates who are not the proper introducers of the actions in question.
  4. 35οὐχ ὅπως αὐτὸς ἐξίλλω, ἀλλʼ... — The correlative construction "οὐχ ὅπως ... ἀλλὰ ..." functions to mean "far from doing X, on the contrary I did Y." It strongly contrasts the accusation of ejecting Pantaenetus with the reality of helping him secure his property.
  5. 36πλὴν εἰ τοὺς κομιζομένους... μεθʼ ὅπλων ἥκειν νομίζεις — Inside the conditional clause introduced by πλὴν εἰ ("except if"), there is an accusative-and-infinitive construction dependent on νομίζεις, with τοὺς κομιζομένους ("those who try to recover their money") as the subject accusative and ἥκειν as the infinitive.

Cite this passage

Demosthenes, Against Pantaenetus §29-36. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg037.humanitext-grc2:29-36

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