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demosthenes

XXXVII

ΠΑΡΑΓΡΑΦΗ ΠΡΟΣ ΠΑΝΤΑΙΝΕΤΟΝ

Δεδωκότων, ὦ ἄνδρες δικασταί, τῶν νόμων παραγράψασθαι, περὶ ὧν ἄν τις ἀφεὶς καὶ ἀπαλλάξας δικάζηται, γεγενημένων ἀμφοτέρων μοι πρὸς Πανταίνετον τουτονί, παρεγραψάμην, ὡς ἠκούσατ᾿ ἀρτίως, μὴ εἰσαγώγιμον εἶναι τὴν δίκην, οὐκ οἰόμενος δεῖν ἀφεῖσθαι τοῦ δικαίου τούτου, οὐδ᾿, ἐπειδὰν ἐξελέγξω πρὸς ἅπασι τοῖς ἄλλοις καὶ ἀφεικότα τοῦτον ἐμαυτὸν καὶ ἀπηλλαγμένον, ἐγγενέσθαι τούτῳ μὴ φάσκειν ἀληθῆ με λέγειν, καὶ ποιεῖσθαι τεκμήριον, ὡς, εἴπερ ἐπράχθη τι τοιοῦτον, παρεγραψάμην ἂν αὐτόν, ἀλλ᾿ ἐπὶ ταύτης τῆς σκήψεως εἰσελθὼν ἀμφότερ᾿ ὑμῖν ἐπιδεῖξαι, καὶ ὡς οὐδὲν ἠδίκηκα τοῦτον, καὶ ὡς παρὰ τὸν νόμον μοι δικάζεται. 2εἰ μὲν οὖν ἐπεπόνθει τι τούτων Πανταίνετος ὧν νῦν ἐγκαλεῖ, κατ᾿ ἐκείνους ἂν τοὺς χρόνους εὐθὺς ἐφαίνετό μοι δικαζόμενος, ἐν οἷς τὸ συμβόλαιον ἡμῖν πρὸς ἀλλήλους ἐγένετο, οὐσῶν μὲν ἐμμήνων τούτων τῶν δικῶν, ἐπιδημούντων δ᾿ ἡμῶν ἀμφοτέρων, ἁπάντων δ᾿ ἀνθρώπων εἰωθότων παρ᾿

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Against Pantaenetus

XXXVII

Nicobulus Against Pantaenetus, A Special Plea

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 wrongs2 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,a and both Evergus and I were in town; since all men are wont to be most indignant

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DOI: 10.4159/DLCL.demosthenes-orations_xxxvii_nicobulus_pantaenetus.1936