by Demosthenes
[27] εἰ μὲν γὰρ ἀφῆκε τὸν Πρῶτον, ἐξελήλεγκτ᾽ ἂν εὐθέως ἡμᾶς συκοφαντῶν: ὀφλεῖν δὲ παρὼν ἐκεῖνος οὐ συνεχώρει, ἵν᾽ ἐὰν μὲν αὐτῷ ποιῶσιν ἃ ὡμολογήκασιν — , εἰ δὲ μή, τὴν ἔρημον ἀντιλάχῃ. ἀλλὰ τί ταῦτα; εἰ μὲν γὰρ ἃ γέγραφεν οὗτος εἰς τὸ ἔγκλημ᾽ ἐποίει, οὐκ ὀφλεῖν ἂν δίκην δικαίως, ἀλλ᾽ ἀποθανεῖν Πρῶτος ἔμοιγε δοκεῖ. εἰ γὰρ ἐν κακοῖς καὶ χειμῶνι τοσοῦτον οἶνον ἔπινεν ὥσθ᾽ ὅμοιον εἶναι μανίᾳ, τί οὐκ ἄξιός ἐστι παθεῖν;
[27] For, if he had dropped his suit against Protus, it would have been made clear at once that his action against us was a malicious one, and Protus would not consent to have judgement given against him while he was here present, in order that, if they should do for him what they had agreed — well and good; but, if not, he might have the judgement by default set aside. But why speak of all this? If Protus really did what Zenothemis here has written in his complaint, he justly deserves, as it seems to me at least, not merely to have judgement given against him, but to be put to death. For if in danger and tempest he drank so much wine as to be like a madman, what punishment does he not deserve to suffer?
[28] ἢ εἰ γράμματ᾽ ἔκλεπτεν; εἰ ὑπανέῳγεν; ἀλλὰ ταῦτα μὲν αὐτοὶ πρὸς ἑαυτοὺς ὑμεῖς ὅπως ποτ᾽ ἔχει διακρινεῖσθε: τῇ δ᾽ ἐμῇ δίκῃ μηδὲν ἐκείνης πρόσαγε. εἴ τί σ᾽ ἠδίκηκεν ὁ Πρῶτος ἢ λέγων ἢ ποιῶν, ἔχεις ὡς ἔοικε δίκην: οὐδεὶς ἡμῶν ἐκώλυεν, οὐδὲ νῦν παραιτεῖται. εἰ σεσυκοφάντηκας, οὐ περιεργαζόμεθα.
[28] Or, if he stole documents, or secretly broke the seals? However, the facts regarding all these things you will determine in your own minds; but, Zenothemis, do not mix up that action with mine. If Protus has wronged you in word or deed, you have, it seems, had satisfaction. No one of us sought to hinder you, or now begs for leniency for him. If you have brought a baseless charge against him, that is no affair of ours. Ah, but the fellow has disappeared.
[29] νὴ Δί᾽, ἀλλ᾽ ἐκποδών ἐστιν ἅνθρωπος. διά γ᾽ ὑμᾶς, ἵνα τάς τε μαρτυρίας τὰς ἡμετέρας λίπῃ, καὶ νῦν ὑμεῖς ὅ τι ἂν βούλησθε λέγητε κατ᾽ αὐτοῦ. εἰ γὰρ μὴ δι᾽ ὑμῶν ἔρημος ἐγίγνεθ᾽ ἡ δίκη, ἅμ᾽ ἂν αὐτὸν προσεκαλοῦ καὶ κατηγγύας πρὸς τὸν πολέμαρχον, καὶ εἰ μὲν κατέστησέ σοι τοὺς ἐγγυητάς, μένειν ἠναγκάζετ᾽ ἄν, ἢ σὺ παρ᾽ ὧν λήψει δίκην ἑτοίμους εἶχες, εἰ δὲ μὴ κατέστησεν, εἰς τὸ οἴκημ᾽ ἂν ᾔει.
[29] Yes; thanks to you, who wished to deprive us of his testimony, and to be able yourselves to say against him whatever you please. For if the judgement by default had not been of your own contriving, you would at the same time have called him before the Polemarch, and have had him put under bail; and, if he had appointed sureties, he would have been forced to remain, or you would have had persons from whom you could recover damages; if he had not given bail, he would have gone to prison.
[30] νῦν δὲ κοινωσάμενοι τὸ πρᾶγμα, ὁ μὲν διὰ σοῦ τὴν γεγονυῖαν ἔκδειαν οὐκ ἀποδώσειν ἡμῖν οἴεται, σὺ δ᾽ ἐκείνου κατηγορῶν τῶν ἡμετέρων κύριος γενήσεσθαι. τεκμήριον δέ: ἐγὼ μὲν γὰρ αὐτὸν κλητεύσω, σὺ δ᾽ οὔτε κατηγγύησας οὔτε νῦν κλητεύσεις.
[30] But, as it is, you have made common cause; he thinks that through your help he will escape paying us the deficiency that has come about; and you, through accusing him, hope to get control of my property. Here is a proof of this. I shall summon him as a witness; you, Zenothemis, did not have him put under bail, nor do you now summon him.
[31] ἔτι τοίνυν ἑτέρα τις ἐστὶν ἐλπὶς αὐτοῖς τοῦ παρακρούσεσθαι καὶ φενακιεῖν ὑμᾶς. αἰτιάσονται Δημοσθένην, καὶ ἐκείνῳ ἐμὲ πιστεύοντα φήσουσιν ἐξάγειν τουτονί, ὑπολαμβάνοντες τῷ ῥήτορα καὶ γνώριμον εἶναι ἐκεῖνον πιθανὴν ἔχειν τὴν αἰτίαν. ἐμοὶ δ᾽ ἐστὶ μέν, ὦ ἄνδρες Ἀθηναῖοι, Δημοσθένης οἰκεῖος γένει （καὶ πάντας ὑμῖν ὄμνυμι τοὺς θεοὺς ἦ μὴν ἐρεῖν τἀληθῆ）,
[31] There is yet another way in which they hope to deceive and trick you. They will accuse Demosthenes, and will say that I relied upon his help when I put Zenothemis out of possession of the grain, assuming that this charge will be credited because he is an orator and a well-known personage. Demosthenes, men of Athens, is indeed my blood-relation （I swear to you by all the gods that I shall speak the truth）,
[32] προσελθόντος δ᾽ αὐτῷ μου καὶ παρεῖναι καὶ βοηθεῖν ἀξιοῦντος εἴ τι ἔχοι, ‘δήμων,’ ἔφη, ‘ἐγὼ ποιήσω μὲν ὡς ἂν σὺ κελεύῃς （καὶ γὰρ ἂν δεινὸν εἴη）. δεῖ μέντοι καὶ τὸ σαυτοῦ καὶ τοὐμὸν λογίσασθαι. ἐμοὶ συμβέβηκεν, ἀφ᾽ οὗ περὶ τῶν κοινῶν λέγειν ἠρξάμην, μηδὲ πρὸς ἓν πρᾶγμ᾽ ἴδιον προσεληλυθέναι: ἀλλὰ καὶ τῆς πολιτείας αὐτῆς τὰ τοιαῦτ᾽ ἐξέστηκα ...’
[32] but when I approached him, and entreated him to be present and to aid me in any way he could, he said to me, “Demo, I will do as you bid me; it would be cruel to refuse you. You must, however, consider both your own circumstances and mine. My own position is this: from the time when I first began to speak on public affairs I have not come forward to plead in a single private case, but . . .
πρὸς Ἀπατούριον Παραγραφή — AGAINST APATURIUS
[1] τοῖς μὲν ἐμπόροις, ὦ ἄνδρες δικασταί, καὶ τοῖς ναυκλήροις κελεύει ὁ νόμος εἶναι τὰς δίκας πρὸς τοὺς θεσμοθέτας, ἐάν τι ἀδικῶνται ἐν τῷ ἐμπορίῳ ἢ ἐνθένδε ποι πλέοντες ἢ ἑτέρωθεν δεῦρο, καὶ τοῖς ἀδικοῦσιν δεσμὸν ἔταξεν τοὐπιτίμιον, ἕως ἂν ἐκτείσωσιν ὅ τι ἂν αὐτῶν καταγνωσθῇ, ἵνα μηδεὶς ἀδικῇ μηδένα τῶν ἐμπόρων εἰκῇ.
[1] The law, men of Athens, ordains that actions for merchants and shipowners shall be before the Thesmothetae if they have been in any way wronged in the market either in connection with a voyage from Athens to any point, or from some other port to Athens; and it fixes imprisonment as the penalty for wrongdoers until such time as they shall have paid the amount adjudged against them, so that no one may lightly do wrong to any merchant.
[2] τοῖς δὲ περὶ τῶν μὴ γενομένων συμβολαίων εἰς κρίσιν καθισταμένοις ἐπὶ τὴν παραγραφὴν καταφεύγειν ἔδωκεν ὁ νόμος, ἵνα μηδεὶς συκοφαντῆται, ἀλλ᾽ αὐτοῖς τοῖς τῇ ἀληθείᾳ ἀδικουμένοις τῶν ἐμπόρων καὶ τῶν ναυκλήρων αἱ δίκαι ὦσιν. καὶ πολλοὶ ἤδη τῶν φευγόντων ἐν ταῖς ἐμπορικαῖς παραγραψάμενοι κατὰ τὸν νόμον τουτονὶ καὶ εἰσελθόντες εἰς ὑμᾶς ἐξήλεγξαν το
ὺς δικαζομένους ἀδίκως ἐγκαλοῦντας καὶ ἐπὶ τῇ προφάσει τοῦ ἐμπορεύεσθαι συκοφαντοῦντας.
[2] To those, however, who are brought into court in cases where no contract has been made, the law gives the right to have recourse to a special plea, that no one may bring a baseless or malicious suit, but that actions may be confined to those among the merchants and shipowners who are really wronged. Many defendants in mercantile suits have before now entered special pleas in accordance with this law, and have come before you and proved that their adversaries were making unjust charges and bringing baseless suits under pretence of being engaged in commerce.
[3] ὁ μὲν οὖν μετὰ τούτου μοι ἐπιβεβουλευκὼς καὶ τὸν ἀγῶνα τουτονὶ κατεσκευακὼς προϊόντος τοῦ λόγου καταφανὴς ὑμῖν ἔσται: ἐγκαλοῦντος δέ μοι Ἀπατουρίου τὰ ψευδῆ καὶ παρὰ τοὺς νόμους δικαζομένου, καὶ ὅσα μὲν ἐμοὶ καὶ τούτῳ ἐγένετο συμβόλαια, πάντων ἀπαλλαγῆς καὶ ἀφέσεως γενομένης, ἄλλου δὲ συμβολαίου οὐκ ὄντος ἐμοὶ πρὸς τοῦτον, οὔτε ναυτικοῦ οὔτ᾽ ἐγγείου, παρεγραψάμην τὴν δίκην μὴ εἰσαγώγιμον εἶναι κατὰ τοὺς νόμους τουτουσί.”Νόμοι”
[3] Who it is that has conspired with this fellow against me and who has concocted this suit, will become clear to you as my speech goes on. Since, however, Apaturius has made a false charge against me, and is suing me contrary to law, seeing that there had been a release and discharge from all contracts made between him and me, and there exists no other contract made with him by me whether for business by sea or on land, I have entered the special plea that the action is not maintainable, according to the following laws.” Laws”
[4] ὡς τοίνυν παρὰ τοὺς νόμους τούτους εἴληχέ μοι τὴν δίκην Ἀπατούριος καὶ τὰ ψευδῆ ἐγκέκληκεν, ἐκ πολλῶν ὑμῖν τοῦτ᾽ ἐπιδείξω. ἐγὼ γάρ, ὦ ἄνδρες δικασταί, πολὺν ἤδη χρόνον ἐπὶ τῆς ἐργασίας ὢν τῆς κατὰ θάλατταν, μέχρι μέν τινος αὐτὸς ἐκινδύνευον, οὔπω δὲ ἔτη ἐστὶν ἑπτὰ ἀφ᾽ οὗ τὸ μὲν πλεῖν καταλέλυκα, μέτρια δ᾽ ἔχων τούτοις πειρῶμαι ναυτικοῖς ἐργάζεσθαι.
[4] That Apaturius, then, has instituted suit against me contrary to these laws and that his charges are false, I shall show you by many proofs. I, men of the jury, have by now been for a long time engaged in foreign trade, and up to a certain time risked the sea in my own person; it is not quite seven years since I gave up voyaging, and, having a moderate capital, I try to put it to work by making loans on adventures overseas.
[5] διὰ δὲ τὸ ἀφῖχθαι πολλαχόσε καὶ διὰ τὸ εἶναί μοι τὰς διατριβὰς περὶ τὸ ἐμπόριον γνωρίμως ἔχω τοῖς πλείστοις τῶν πλεόντων τὴν θάλατταν: τούτοις δὲ τοῖς ἐκ Βυζαντίου καὶ πάνυ οἰκείως χρῶμαι διὰ τὸ ἐνδιατρῖψαι αὐτόθι. ἔχοντος δέ μου οὕτως ὡς λέγω, κατέπλευσαν δεῦρο τρίτον ἔτος οὗτός τε καὶ πολίτης αὐτοῦ Παρμένων, Βυζάντιος μὲν τὸ γένος, φυγὰς δ᾽ ἐκεῖθεν.
[5] As I have visited many places and spend my time in your exchange, I know most of those who are seafarers, and with these men from Byzantium I am on intimate terms through having myself spent much time there. My position, then, was such as I have described, when this fellow put into our port with a fellow-countryman of his, named Parmeno, a Byzantine by birth, who was an exile from his country.
[6] προσιόντες δέ μοι ἐν τῷ ἐμπορίῳ οὗτος καὶ ὁ Παρμένων ἐμνήσθησαν περὶ ἀργυρίου. ἔτυχεν δὲ οὑτοσὶ ὀφείλων ἐπὶ τῇ νηὶ τῇ ἑαυτοῦ τετταράκοντα μνᾶς, καὶ οἱ χρῆσται κατήπειγον αὐτὸν ἀπαιτοῦντες καὶ ἐνεβάτευον εἰς τὴν ναῦν, εἰληφότες τῇ ὑπερημερίᾳ. ἀπορουμένῳ δ᾽ αὐτῷ μνᾶς μὲν δέκα ὁ Παρμένων ὡμολόγησεν δώσειν, τριάκοντα δὲ μνᾶς ἐδεῖτό μου οὗτος συνευπορῆσαι, αἰτιώμενος τοὺς χρήστας ἐπιθυμοῦντας τῆς νεὼς διαβεβληκέναι αὑτὸν ἐν τῷ ἐμπορίῳ, ἵνα κατάσχωσι τὴν ναῦν εἰς ἀπορίαν καταστήσαντες τοῦ ἀποδοῦναι τὰ χρήματα.
[6] The plaintiff and Parmeno came up to me on the exchange and spoke about money. It happened that the plaintiff owed forty minae on his ship, and his creditors were pressing him hard with demands for their money, and were about to board the ship and take possession of it, as his note was overdue. While he was in this embarrassment, Parmeno agreed to give him ten minae, and the plaintiff asked me to contribute thirty minae, charging that the creditors in their eagerness to secure the ship had slandered him on the exchange, that they might seize the ship by putting him in a position where he could not pay.
[7] ἐμοὶ μὲν οὖν οὐκ ἔτυχεν παρὸν ἀργύριον, χρώμενος δὲ Ἡρακλείδῃ τῷ τραπεζίτῃ ἔπεισα αὐτὸν δανεῖσαι τὰ χρήματα λαβόντα ἐμὲ ἐγγυητήν. ἤδη δὲ τῶν τριάκοντα μνῶν πεπορισμένων, ἔτυχεν προσκεκρουκώς τι τούτῳ ὁ Παρμένων: ὡμολογηκὼς δ᾽ εὐπορήσειν αὐτῷ δέκα μνᾶς, καὶ τούτων δεδωκὼς τὰς τρεῖς, διὰ τὸ προειμένον ἀργύριον ἠναγκάζετο καὶ τὸ λοιπὸν διδόναι.
[7] I happened to have no ready money in hand, but being acquainted with Heracleides, the banker, I persuaded him to lend the money, and to take me as surety. But when now the thirty minae had been procured, Parmeno happened to fall out with the plaintiff. However, seeing that he had agreed to furnish him with ten minae and had already given him three of them, he was compelled on account of the money he had given to pay the remainder as well.
[8] αὐτὸς μὲν οὖν διὰ τοῦτο οὐκ ἐβούλετο ποιήσασθαι τὸ συμβόλαιον, ἐμὲ δ᾽ ἐκέλευεν πρᾶξαι ὅπως αὐτῷ ὡς ἀσφαλέστατα ἕξει. λαβὼν δὲ ἐγὼ τὰς ἑπτὰ μνᾶς παρὰ τοῦ Παρμένοντος, καὶ τὰς τρεῖς ἃς προειλήφει οὗτος παρ᾽ ἐκείνου, ἀνθομολογησάμενος πρὸς τοῦτον, ὠνὴν ποιοῦμαι τῆς νεὼς καὶ τῶν παίδων, ἕως ἀποδοίη τάς τε δέκα μνᾶς ἃς δι᾽ ἐμοῦ ἔλαβεν, καὶ τὰς τριάκοντα ὧν κατέστησεν ἐμὲ ἐγγυητὴν τῷ τραπεζίτῃ. καὶ ὡς ἀληθῆ λέγω, ἀκούσατε τῶν μαρτυριῶν.”Μαρτυρίαι”
[8] Not wishing, however, for the reason given, to make the loan in his own name, he bade me to arrange it so that things should be as safe as possible for him. So I took over the seven minae from Parmeno, and having had transferred to myself the obligation for the three, which the plaintiff had already received from him, caused a bill of sale to be executed on the ship and the slaves until such time as he should repay me the ten minae, which he had received through me, and also the thirty for which he had made me his surety with the banker. In proof that my words are true, hear the depositions.” Depositions”
[9] τὸν μὲν τρόπον τοῦτον ἀπήλλαξεν τοὺς χρήστας Ἀπατούριος οὑτο
σί. οὐ πολλῷ δὲ χρόνῳ μετὰ ταῦτα τῆς τραπέζης ἀνασκευασθείσης, καὶ τοῦ Ἡρακλείδου κατ᾽ ἀρχὰς κεκρυμμένου, ἐπιβουλεύει οὑτοσὶ τούς τε παῖδας ἐκπέμψαι Ἀθήνηθεν καὶ τὴν ναῦν ἐξορμίσαι ἐκ τοῦ λιμένος. ὅθεν ἐμοὶ πρὸς τοῦτον ἡ πρώτη διαφορὰ ἐγένετο. αἰσθόμενος γὰρ ὁ Παρμένων ἐξαγομένων τῶν παίδων ἐπιλαμβάνεται καὶ τὴν ναῦν κατεκώλυσεν αὐτὸν ἐξορμίζειν, καὶ μεταπεμψάμενος ἐμὲ λέγει τὸ πρᾶγμα.
[9] In this way, then, Apaturius here got rid of his creditors. Not long after this, the bank having failed, and Heracleides for a time having gone into hiding, the plaintiff schemed to send the slaves from Athens, and to remove the ship from the harbor. This was the cause of my first quarrel with him. For Parmeno, learning of the fact, laid hands on the slaves as they were being taken away, and prevented the sailing of the ship; then he sent for me, and told me of the affair.