Nicobulus Against Pantaenetus (31-35)

You are yourself also a witness to this; for what we purchased for one hundred and five minae, this you afterward sold for three talents and twenty-six hundred drachmae. And yet who, if he had you[*] as one to complete a final sale, would have given a single drachma?

To prove that I speak the truth in this, call, please, the witnesses who establish the facts.

The Witnesses

He has, then, received the sum which he agreed to take for his property,—he even begged me that I should assume the position of vendor for the sum which I had advanced—yet this same man sues me for two talents more. And the rest of the charges are even more outrageous.

Read, please, the remainder of the complaint.

The Complaint

Here he brings against me in one mass a host of dreadful charges; for he accuses me of assault and battery, outrage, and of violent wrongs even against heiresses.[*] But for each of these wrongdoings actions are separate; they do not come before the same magistrates and they are not for the recovery of the same penalties. Assault and battery and crimes of violence come before the Forty[*]; cases of outrage before the Thesmothetae; and all crimes against heiresses before the Archon.[*] And the laws grant the filing of pleas to bar action also in case of charges brought before magistrates who have not due competency.

Read them this law.

The Law

Although I had entered this exception in bar of action in addition to the other, and although the Thesmothetae have not competency in the matters concerning which Pantaenetus is bringing his suit, it has been erased, and is not found in the plea as written. How this has come about it is for you to consider.[*] To me, so long as I am able to produce the law itself, it makes not the slightest difference; for he will not be able to erase from your minds your power to know and understand the right.

Take also the mining law. For I think I can show you from this, too, that the action is not maintainable, and that I deserve thanks rather than to be made the object of a baseless and malicious charge.

Read.

The Law

This law has clearly defined in what cases mining actions may properly be brought. Observe—the law makes a man liable if he eject another from his workings; but I, far from ejecting the plaintiff, gave over to him and put him in possession of that of which another was seeking to deprive him; and I became the vendor of it at his request.