34
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.He hints that the omission of the exception filed by him was not an accident. 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.
35
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.
35
Read.
35
The Law
35
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.
36
Yes, says he, but if one commit other wrongs concerning mines, for these, too, actions may be brought. Certainly, Pantaenetus; but what are these? If one smokes out another, if one makes an armed attack, if one makes cuttings which encroach upon another’s workings. These are the other cases; but I, of course, have done nothing of this sort to you, unless you hold that people who seek to recover what they had risked in a loan to you are making an armed attack. If you hold that view, you have mining suits against all those who risk their own money.
