Nicobulus Against Pantaenetus (1-5)

Inasmuch as the laws, men of the jury, have granted that a special plea be entered in cases where a man, after having given a release and discharge, nevertheless brings suit, and as both of these have been given me by Pantaenetus here, I have pleaded, as you have just now heard, that his suit is not admissible. I did not think that I should forgo this right, or that, after I had proved among other things that the plaintiff had released me, and that I had got rid of him, it should be open to him to declare that I was uttering a falsehood and to try to employ the argument that, if any such release had been granted me, I should have put in a special plea to bar his suit. No, I determined to come before you relying on this plea and to prove both points—that I have never done the plaintiff any wrong, and that he is suing me contrary to law.

If Pantaenetus had suffered any of the wrongs with which he now charges me, he would be found to have brought suit against me at the time when the contract between us was made, for these actions must be decided within the month,[*] and both Evergus and I were in town; since all men are wont to be most indignant at the very time of their wrongs, and not after a period has intervened. Since, however, the plaintiff, though he has suffered no wrong, as I know well you will yourselves agree when you have heard the facts, elated by the success of his suit against Evergus,[*] brings a malicious and baseless action, there is no other course left me, men of the jury, than to prove in your court that I am guilty of no wrong whatever, to produce witnesses in support of what I say, and to endeavor to save myself.

I shall make a reasonable and fair request of you all, that you hear with goodwill what I have to say regarding my special plea, and that you give your attention to every aspect of the case. For, while hosts of cases have been tried in Athens, I think it will be shown that no man has ever brought before you one so marked by shamelessness and malice as this, which this fellow has had the audacity to bring into your court. I shall with all possible brevity set before you all the facts of the case.

Evergus and I, men of the jury, lent to this man Pantaenetus one hundred and five minae on the security of a mining property in Maroneia[*] and of thirty slaves. Of this loan forty-five minae belonged to me, and a talent to Evergus. It happened that the plaintiff also owed a talent to Mnesicles of Collytus[*] and forty-five minae to Phileas of Eleusis and Pleistor.

The vendor to us of the mining property and the slaves was Mnesicles, for he had purchased them for the plaintiff from Telemachus, the former owner; and the plaintiff leased them from us at a rent equal to the interest accruing on the money, a hundred and five drachmae a month. We drew up an agreement in which the terms of the lease were stated, and the right was given the plaintiff of redeeming these things from us within a given time.