Nicobulus Against Pantaenetus (41-45)

for how could it be fair that it should depend upon the body and life of a slave, whether I should be condemned to pay two talents, or the bringer of this malicious suit get off scot-free? But I, wishing to prevail by a preponderance of fair play, made this concession)—after this he again summoned me in the suit, as soon as he had taken back his deposits;[*] so clear did he make it at once that he would not abide by the conditions which he had himself laid down.

But when we had come before the torturer, instead of opening the challenge, showing its contents, and proceeding in accordance with its terms to do what seemed right (for on account of the turmoil at that time and the fact that the case was about to be called, it was like this: I offer you this challenge.—I accept it.—Let me have your ring.—Take it.—Who is your surety?—This man here.—and I had taken no copy or anything else of that sort); instead of acting in the way of which I speak, he had brought with him a different challenge, insisting that he should himself torture the man, and he laid hold of him, dragged him this way and that, and went beyond all bounds in blackguardly action.

On my part, men of the jury, I was led to reflect what gain there is in a life molded to serve one’s ends.[*] For it seemed to me that I was suffering this treatment because I was despised as one who lived a simple and natural life, and that I was paying a heavy penalty in having to submit to this.

However, to prove that I was compelled to give a counter-challenge contrary to what I thought was right, that I offered to give up the slave, and that I am speaking the truth in this, read the challenge.

The Challenge

Since he refused this, and refused the challenge which he himself gave at the first, I wonder what in the world he will have to say to you. But that you may know who it is at whose hands he claims to have suffered these indignities—behold him![*] This is the man who dispossessed Pantaenetus; this is the man who was stronger than the friends of Pantaenetus, and stronger than the laws. For I myself was not in Athens; even he does not make that charge.

I wish to tell you also the means by which he misled the former jury, and convicted Evergus, that you may realize that in this trial also there will be no limit to his impudence and that he will shrink from no falsehoods. More than this; in regard to his present suit against me, you will find my means of defence[*] are the same as those of Evergus, which is the most convincing proof that Evergus has been the victim of a malicious and baseless charge. For in addition to all the other accusations the plaintiff charged that Evergus came to his home in the country, and made his way into the apartments of his daughters, who were heiresses, and of his mother; and he brought with him into court the laws concerning heiresses.