§45βούλομαι δʼ ὑμῖν καὶ διʼ ὧν τοὺς πρότερον δικαστὰς ἐξαπατήσας εἷλε τὸν Εὔεργον εἰπεῖν, ἵνʼ εἰδῆθʼ ὅτι καὶ νῦν οὐδὲν οὔτʼ ἀναιδείας οὔτε τοῦ ψεύδεσθαι παραλείψει.
I also wish to tell you how he deceived the former jurors and won his case against Euergus, so that you may know that even now he will leave no excess of impudence or falsehood undone.
πρὸς δὲ τούτοις καὶ περὶ ὧν ἐμοὶ δικάζεται νυνί, τὰς αὐτὰς οὔσας ἀπολογίας εὑρήσετε· ὅσπερ ἔλεγχος ἀκριβέστατός ἐστιν ὑπὲρ τοῦ τότʼ ἐκεῖνον σεσυκοφαντῆσθαι.
Moreover, concerning the charges he now brings against me, you will find that the defenses are the same; which is the most accurate proof that Euergus was maliciously prosecuted back then.
οὗτος γὰρ ᾐτιάσατʼ ἐκεῖνον πρὸς ἅπασι τοῖς ἄλλοις ἐλθόντʼ εἰς ἀγρὸν ὡς αὑτὸν ἐπὶ τὰς ἐπικλήρους εἰσελθεῖν καὶ τὴν μητέρα τὴν αὑτοῦ, καὶ τοὺς νόμους ἧκεν ἔχων τοὺς τῶν ἐπικλήρων πρὸς τὸ δικαστήριον.
For this man accused him, in addition to all other things, of having entered his land and intruded upon his heiresses and his mother, and he came to the court carrying the laws concerning heiresses.
§46καὶ πρὸς μὲν τὸν ἄρχοντα, ὃν τῶν τοιούτων οἱ νόμοι κελεύουσιν ἐπιμελεῖσθαι, καὶ παρʼ ᾧ τῷ μὲν ἠδικηκότι κίνδυνος περὶ τοῦ τί χρὴ παθεῖν ἢ ἀποτεῖσαι, τῷ δʼ ἐπεξιόντι μετʼ οὐδεμιᾶς ζημίας ἡ βοήθεια, οὐδέπω καὶ τήμερον ἐξήτασται, οὐδʼ εἰσήγγειλεν οὔτʼ ἔμʼ οὔτε τὸν Εὔεργον ὡς ἀδικοῦντας, ἐν δὲ τῷ δικαστηρίῳ ταῦτα κατηγόρει καὶ δυοῖν ταλάντοιν εἷλε δίκην.
And before the Archon, whom the laws command to take care of such matters, and before whom there is danger for the wrongdoer regarding what he must suffer or pay, while for the prosecutor there is assistance without any penalty, Pantaenetus has never to this day been examined, nor did he ever bring an impeachment either against me or against Euergus for wrongdoing; yet in the court he accused him of these things and won a suit of two talents.
§47ἦν γὰρ οἶμαι κατὰ μὲν τοὺς νόμους προειδότα τὴν αἰτίαν, ἐφʼ ᾗ κρίνεται, ῥᾴδιον τἀληθῆ καὶ τὰ δίκαιʼ ἐπιδείξαντʼ ἀποφεύγειν, ἐν δὲ μεταλλικῇ δίκῃ, περὶ ὧν οὐδʼ ἂν ἤλπισεν αὑτοῦ κατηγορηθήσεσθαι, χαλεπὸν παραχρῆμʼ ἔχειν ἀπολύσασθαι τὴν διαβολήν·
For, I suppose, according to the common laws, when one knows beforehand the charge on which he is being tried, it is easy to show the truth and justice and be acquitted; but in a mining suit, concerning matters about which one would never have expected to be accused, it is difficult to clear oneself of the slander on the spot.
ἡ δʼ ὀργὴ ἡ παρὰ τῶν ἐξηπατημένων ὑπὸ τούτου δικαστῶν, ἐφʼ ᾧ τὴν ψῆφον εἶχον πράγματι, τούτου κατεψηφίσατο.
Thus the anger of the jurors, who were deceived by this man regarding the actual matter on which they held their ballot, condemned Euergus.
§48καίτοι τὸν ἐκείνους ἐξηπατηκότα τοὺς δικαστάς, ἆρʼ ὀκνήσειν ὑμᾶς ἐξαπατᾶν οἴεσθε;
And yet, do you think that the man who deceived those jurors will hesitate to deceive you?
ἢ πεπιστευκότʼ εἰσιέναι τοῖς πράγμασιν, ἀλλʼ οὐ τοῖς λόγοις καὶ τοῖς συνεστῶσιν μεθʼ αὑτοῦ μάρτυσιν, τῷ τʼ ἀκαθάρτῳ καὶ μιαρῷ Προκλεῖ, τῷ μεγάλῳ τούτῳ, καὶ Στρατοκλεῖ τῷ πιθανωτάτῳ πάντων ἀνθρώπων καὶ πονηροτάτῳ, καὶ τῷ μηδὲν ὑποστελλόμενον μηδʼ αἰσχυνόμενον κλαήσειν καὶ ὀδυρεῖσθαι;
Or do you believe he enters the court trusting in the facts, and not in his speeches and the false witnesses associated with him, such as that filthy and polluted Procles, that giant of a man, and Stratocles, the most persuasive and wicked of all human beings, and the sight of himself weeping and wailing, holding nothing back and showing no shame?
§49καίτοι τοσούτου δεῖς ἐλέου τινὸς ἄξιος εἶναι, ὥστε μισηθείης ἂν δικαιότατʼ ἀνθρώπων ἐξ ὧν πεπραγμάτευσαι· ὅς γʼ ὀφείλων μνᾶς ἑκατὸν καὶ πέντε καὶ οὐχ οἷός τʼ ὢν διαλῦσαι, τοὺς ταῦτα συνευπορήσαντας καὶ γενομένους αἰτίους σοι τοῦ τὰ δίκαια ποιῆσαι τοῖς συμβαλοῦσιν ἐξ ἀρχῆς, χωρὶς ὧν περὶ αὐτὰ τὰ συμβόλαιʼ ἠδίκεις, καὶ πρὸς ἀτιμῶσαι ζητεῖς.
And yet, you are so far from deserving any pity that you would be most justly hated by all mankind for your conduct; you who, owing one hundred and five minae and being unable to pay it, seek not only to commit injustices concerning the contracts themselves, but even to disenfranchise those who helped you raise the funds and became the cause of your doing what was just to your original creditors.
καὶ τοὺς μὲν ἄλλους τοὺς δανειζομένους ἴδοι τις ἂν ἐξισταμένους τῶν ὄντων· σοὶ δʼ ὁ συμβεβληκὼς τοῦτο πέπονθεν, καὶ δανείσας τάλαντον δύʼ ὤφληκεν συκοφαντηθείς.
One might see other borrowers parting with their property; but in your case, the one who assisted you has suffered this fate, and having lent a talent, has been condemned to pay two talents through your malicious prosecution.
§50ἐγὼ δὲ τετταράκοντα μνᾶς δανείσας δυοῖν ταλάντοιν ταυτηνὶ φεύγω δίκην.
As for me, having lent forty minae, I am defending this suit of two talents.
καὶ ἐφʼ οἷς δανείσασθαι μὲν οὐδεπώποτʼ ἐδυνήθης ἑκατὸν μνῶν πλέον, πέπρακας δὲ καθάπαξ τριῶν ταλάντων καὶ δισχιλίων, εἰς ταῦτα τέτταρʼ ὡς ἔοικεν ἠδίκησαι τάλαντα.
And in matters regarding which you were never able to borrow more than one hundred minae, yet sold them once and for all for three talents and two thousand drachmae, you have apparently been damaged in these to the extent of four talents.
ὑπὸ τοῦ ταῦτα;
By whom?
ὑπὸ τοῦ οἰκέτου νὴ Δία τοῦ ἐμοῦ.
"By my slave," indeed.
τίς δʼ ἂν οἰκέτῃ παραχωρήσειε πολίτης τῶν αὑτοῦ;
But what citizen would surrender his own property to a slave?
ἢ τίς ἂν φήσειεν, ὧν δίκην λαχὼν ᾕρηκεν οὗτος Εὔεργον, τούτων καὶ τὸν ἐμὸν παῖδʼ ὑπεύθυνον εἶναι προσήκειν;
Or who would say that for the matters on which this man sued and convicted Euergus, my slave should also be held liable?
§51χωρὶς δὲ τούτων αὐτὸς αὐτὸν οὗτος ἀφῆκε τῶν τοιούτων αἰτιῶν ἁπασῶν.
Apart from these things, this man has himself released me from all such charges.
οὐ γὰρ νῦν ἔδει λέγειν, οὐδʼ εἰς τὴν πρόκλησιν γράφειν ἐν ᾗ βασανίζειν ἐξῄτει, ἀλλὰ λαχόντʼ ἐκείνῳ τὴν δίκην τὸν κύριον διώκειν ἐμέ.
For he ought not to speak of them now, nor write them in the challenge in which he demanded the torture, but rather, having brought the suit against that slave, he should have prosecuted me as the master.
νῦν δʼ εἴληχεν μὲν ἐμοί, κατηγορεῖ δʼ ἐκείνου.
But now, he has sued me, yet accuses the slave.
ταῦτα δʼ οὐκ ἐῶσιν οἱ νόμοι· τίς γὰρ πώποτε τῷ δεσπότῃ λαχών, τοῦ δούλου τὰ πράγματα, ὥσπερ κυρίου, κατηγόρησεν;
The laws do not permit this; for who has ever sued the master, yet accused the slave's actions as if the slave were the master?
§52ἐπειδὰν τοίνυν τις αὐτὸν ἔρηται
καὶ τί δίκαιον ἕξεις λέγειν πρὸς Νικόβουλον; μισοῦσι, φησίν, Ἀθηναῖοι τοὺς δανείζοντας· Νικόβουλος δʼ ἐπίφθονός ἐστι, καὶ ταχέως βαδίζει, καὶ μέγα φθέγγεται, καὶ βακτηρίαν φορεῖ· ταῦτα δʼ ἐστὶν ἅπαντα, φησίν, πρὸς ἐμοῦ. καὶ ταῦτʼ οὐκ αἰσχύνεται λέγων, οὐδὲ τοὺς ἀκούοντας οἴεται μανθάνειν ὅτι συκοφαντοῦντός ἐστι λογισμὸς οὗτος, οὐκ ἀδικουμένου.
Therefore, when anyone asks him, "And what just thing will you have to say against Nicobulus?" he says, "The Athenians hate moneylenders; and Nicobulus is unpopular, walks fast, speaks loud, and carries a staff; all these things," he says, "are in my favor." And he is not ashamed to say these things, nor does he think that those who hear him realize that this is the reasoning of a malicious prosecutor, not of one who has been wronged.