by Demosthenes
[27] κἀκείνους μὲν οὐκ ἐδεδίεις, οἷς αἱ συγγραφαὶ ἐν Βοσπόρῳ τὴν πρᾶξιν ἐδίδοσαν τοῦ δανείου: τούτου δὲ φὴς φροντίζειν, ὃν ἐξ ἀρχῆς εὐθὺς ἠδίκεις οὐκ ἐνθέμενος τὰ χρήματα εἰς τὴν ναῦν κατὰ τὴν συγγραφὴν Ἀθήνηθεν; καὶ νῦν μὲν εἰς τὸ ἐμπόριον ἥκων, οὗ τὸ συμβόλαιον ἐγένετο, οὐκ ὀκνεῖς ἀποστερεῖν τὸν δανείσαντα: ἐν Βοσπόρῳ δὲ πλείω τῶν δικαίων φὴς ποιεῖν, οὗ δίκην οὐκ ἔμελλες δώσειν;
[27] And you had no fear of those men, to whom their agreements gave the right of exacting payment in Bosporus, but declare that you had regard for the claims of my partner, though you wronged him at the outset by not putting on board the goods according to your agreement in setting out from Athens? And now that you have come back to the port where the loan was made, you do not hesitate to defraud the lender, though you claim to have done more than justice required in Bosporus, where you were not likely to be punished?
[28] καὶ οἱ μὲν ἄλλοι πάντες οἱ τὰ ἀμφοτερόπλοα δανειζόμενοι, ὅταν ἀποστέλλωνται ἐκ τῶν ἐμπορίων, πολλοὺς παρίστανται, ἐπιμαρτυρόμενοι ὅτι τὰ χρήματα ἤδη κινδυνεύεται τῷ δανείσαντι: σὺ δ᾽ ἑνὶ σκήπτει μάρτυρι αὐτῷ τῷ συναδικοῦντι, καὶ οὔτε τὸν παῖδα τὸν ἡμέτερον παρέλαβες ἐν Βοσπόρῳ ὄντα οὔτε τὸν κοινωνόν, οὐδὲ τὰς ἐπιστολὰς ἀπέδωκας αὐτοῖς, ἃς ἡμεῖς ἐπεθήκαμεν, ἐν αἷς ἐγέγραπτο παρακολουθεῖν σοι οἷς ἂν πράττῃς;
[28] All other men who borrow for the outward and homeward voyage, when they are about to set sail from their several ports, take care to have many witnesses present, and call upon them to attest that the lender’s risk begins from that moment; but you rely upon the single testimony of the very man who is your partner in the fraud. You did not bring as a witness my slave who was in Bosporus or my partner, nor did you deliver to them the letters which we gave into your charge, and in which were written instructions that they should keep close watch on you in whatever you might do!
[29] καίτοι, ὦ ἄνδρες δικασταί, τί οὐκ ἂν πράξειεν ὁ τοιοῦτος, ὅστις γράμματα λαβὼν μὴ ἀποδέδωκεν ὀρθῶς καὶ δικαίως; ἢ πῶς οὐ φανερόν ἐστιν ὑμῖν τὸ τούτου κακούργημα ἐξ αὐτῶν ὧν ἔπραττεν; καίτοι, ὦ γῆ καὶ θεοί, προσῆκέν γε τοσοῦτο χρυσίον ἀποδιδόντα, καὶ πλέον τοῦ δανείσματος, περιβόητον ποιεῖν ἐν τῷ ἐμπορίῳ, καὶ παρακαλεῖν πάντας ἀνθρώπους, πρῶτον δὲ τὸν παῖδα τὸν τούτου καὶ τὸν κοινωνόν:
[29] Why, men of Athens, what is there which a man of this stamp is not capable of doing, who, after receiving letters, did not deliver them in due and proper course? Or how can you fail to see that his own acts prove his guilt? Surely （O Earth and the Gods） when he was paying back so large a sum, and more than the amount of his loan, it was fitting that he should make it a much talked of event on the exchange and to invite all men to be present; but especially the servant and partner of Chrysippus.
[30] ἴστε γὰρ δήπου πάντες ὅτι δανείζονται μὲν μετ᾽ ὀλίγων μαρτύρων, ὅταν δ᾽ ἀποδιδῶσιν, πολλοὺς παρίστανται μάρτυρας, ἵνα ἐπιεικεῖς δοκῶσιν εἶναι περὶ τὰ συμβόλαια. σοὶ δ᾽ ἀποδιδόντι τό τε δάνειον καὶ τοὺς τόκους ἀμφοτέρους, ἑτερόπλῳ τῷ ἀργυρίῳ κεχρημένῳ, καὶ προστιθέντι ἑτέρας τρεῖς καὶ δέκα μνᾶς, πῶς οὐχὶ πολλοὺς ἦν παραληπτέον μάρτυρας; καὶ εἰ τοῦτο ἔπραξας, οὐδ᾽ ἂν εἷς σοῦ μᾶλλον τῶν πλεόντων ἐθαυμάζετο.
[30] For you all know, I fancy, that men borrow with few witnesses, but, when they pay, they take care to have many witnesses present, that they may win a reputation for honesty in business dealings. But in your case, when you were paying back both the debt and the interest on both voyages, though you had used the money for the outward voyage only, and were adding thirteen minae besides, should you not have caused many witnesses to be present? Had you done so, there is not a single merchant who would have been held in higher esteem than you.
[31] σὺ δ᾽ ἀντὶ τοῦ πολλοὺς μάρτυρας τούτων ποιεῖσθαι πάντας ἀνθρώπους λανθάνειν ἐπειρῶ, ὥσπερ ἀδικῶν τι. καὶ εἰ μὲν ἐμοὶ τῷ δανείσαντι ἀπεδίδους, οὐδὲν ἂν ἔδει μαρτύρων: τὴν γὰρ συγγραφὴν ἀνελόμενος ἀπήλλαξο ἂν τοῦ συμβολαίου: νῦν δ᾽ οὐκ ἐμοί, ἀλλ᾽ ἑτέρῳ ὑπὲρ ἐμοῦ ἀποδιδούς, καὶ οὐκ Ἀθήνησιν, ἀλλ᾽ ἐν Βοσπόρῳ, καὶ τῆς συγγραφῆς σοι κειμένης Ἀθήνησι καὶ πρὸς ἐμέ, καὶ ᾧ τὸ χρυσίον ἀπεδίδους ὄντος θνητοῦ καὶ πέλαγος τοσοῦτον μέλλοντος πλεῖν, μάρτυρα οὐδένα ἐποιήσω, οὔτε δοῦλον οὔτ᾽ ἐλεύθερον.
[31] But, as it was, instead of securing many witnesses to these acts you did everything you could that none should know, as though you were committing some crime! Again, had you been making payment to me, your creditor, in person, there would have been no need of witnesses, for you would have taken back the agreement and so got rid of the obligation; whereas in making payment, not to me, but to another on my behalf, and not at Athens but in Bosporus, when your agreement was deposited at Athens and with me, and when the man to whom you paid the money was mortal and about to undertake a voyage over such a stretch of sea, you called no one as a witness, whether slave or freeman.
[32] ἡ γὰρ συγγραφή με, φησί, τῷ ναυκλήρῳ ἐκέλευεν ἀποδοῦναι τὸ χρυσίον. μάρτυρας δέ γ᾽ οὐκ ἐκώλυεν παρακαλεῖν, οὐδὲ τὰς ἐπιστολὰς ἀποδοῦναι. καὶ οἵδε μὲν πρὸς σὲ δύο συγγραφὰς ἐποιήσαντο ὑπὲρ τοῦ συμβολαίου, ὡς ἂν οἱ μάλιστ᾽ ἀπιστοῦντες: σὺ δὲ μόνος μόνῳ φὴς δοῦναι τῷ ναυκλήρῳ τὸ χρυσίον, εἰδὼς κατὰ σοῦ κειμένην Ἀθήνησι συγγραφὴν πρὸς τοῦτον.
[32] Yes, he says, for the agreement bade me pay the cash to the shipowner. But it did not prevent you from summoning witnesses, or from delivering the letters! The parties here present drew up two agreements with you in the matter of the loan, showing that they greatly distrusted you, but you assert that without a single witness you paid the gold to the shipowner, although you well know that an agreement against yourself was deposited at Athens with my colleague here!
[33] λέγει δὲ ὡς ἡ συγγραφὴ σωθείσης τῆς νεὼς αὐτὸν ἀποδοῦναι κελεύει τὰ χρήματα. καὶ γὰρ ἐνθέσθαι τἀγοράσματα εἰς τὴν ναῦν κελεύει σε, εἰ δὲ μή, πεντακισχιλίας δραχμὰς ἀποτίνειν. σὺ δὲ τοῦτο μὲν τῆς συγγραφῆς οὐ λαμβάνεις, παραβεβηκὼς δ᾽ εὐθὺς ἐξ ἀρχῆς καὶ τὰ χρήματα οὐκ ἐνθέμενος ἀμφισβητεῖς πρὸς ἓν ῥῆμα τῶν ἐν τῇ συγγραφῇ, καὶ τοῦτ᾽ ἀνῃρηκὼς α�
��τός. ὁπότε γὰρ ἐν τῷ Βοσπόρῳ φὴς μὴ τὰ χρήματα ἐνθέσθαι εἰς τὴν ναῦν, ἀλλὰ τὸ χρυσίον τῷ ναυκλήρῳ ἀποδοῦναι, τί ἔτι περὶ τῆς νεὼς διαλέγει; οὐ γὰρ μετέσχηκας τοῦ κινδύνου διὰ τὸ μηδὲν ἐνθέσθαι.
[33] He says that the agreement bids him pay back the money, “when the ship reaches port in safety.” Yes, and it bids you also to put on board the ship the goods purchased, or else to pay a fine of five thousand drachmae. You ignore this clause in the agreement, but after having from the first violated its provisions by failing to put the goods on board, you raise a dispute about a single phrase in it, though you have by your own act rendered it null and void. For when you state that you did not put the goods on board in Bosporus, but paid the cash to the shipowner, why do you still go on talking about the ship? For you have had no share in the risk, since you put nothing on board.
[34] καὶ τὸ μὲν πρῶτον, ὦ ἄνδρες δικασταί, ὥρμησεν ἐπὶ ταύτην τὴν σκῆψιν, ὡς ἐντεθειμένος τὰ χρήματα εἰς τὴν ναῦν: ἐπειδὴ δὲ τοῦτο ἐκ πολλῶν ἔμελλεν ἐλεγχθήσεσθαι ψευδόμενος, ἔκ τε τῆς ἀπογραφῆς τῆς ἐν Βοσπόρῳ παρὰ τοῖς ἐλλιμενισταῖς καὶ ὑπὸ τῶν ἐν τῷ ἐμπορίῳ ἐπιδημούντων κατὰ τὸν αὐτὸν χρόνον, τηνικαῦτα μεταβαλόμενος συνίσταται μετὰ τοῦ Λάμπιδος καί φησιν ἐκείνῳ τὸ χρυσίον ἀποδεδωκέναι,
[34] At first, men of Athens, he seized upon this excuse, pretending that he had shipped the goods; but when he saw that the falsity of this claim was likely to be exposed in many ways, — by the entry filed with the harbor-masters in Bosporus, and by the testimony of those who were staying in the port at the same time — then he changes his tack, enters into a conspiracy with Lampis, and declares that he has paid him the money in cash,
[35] ἐφόδιον μὲν λαβὼν τὸ τὴν συγγραφὴν κελεύειν, οὐκ ἂν ἡγούμενος δ᾽ ἡμᾶς εὐπόρως ἐξελέγξαι ὅσα μόνοι πρὸς αὑτοὺς αὐτοὶ πράξειαν. καὶ ὁ Λάμπις, ὅσα μὲν εἶπεν πρὸς ἐμὲ πρὶν ὑπὸ τούτου διαφθαρῆναι, οὐκ ἐντὸς ὢν αὑτοῦ φησιν εἰπεῖν: ἐπειδὴ δὲ τὸ χρυσίον τοὐμὸν ἐμερίσατο, τότ᾽ ἐντὸς εἶναί φησιν αὑτοῦ καὶ πάντ᾽ ἀκριβῶς μνημονεύειν.
[35] finding a support for his plea in the fact that the agreement so ordered, and thinking that we should not find it easy to get at the truth regarding all that they did by themselves alone. And Lampis declares that all that he said to me before he was corrupted by this Phormio was spoken when he was out of his head; but as soon as he got a share of my money, he declares that he is in his right mind and remembers everything perfectly!
[36] εἰ μὲν οὖν, ὦ ἄνδρες δικασταί, ἐμοῦ μόνου κατεφρόνει Λάμπις, οὐδὲν ἂν ἦν θαυμαστόν: νῦν δὲ πολλῷ δεινότερα τούτου πέπρακται αὐτῷ πρὸς πάντας ὑμᾶς. κήρυγμα γὰρ ποιησαμένου Παιρισάδου ἐν Βοσπόρῳ, ἐάν τις βούληται Ἀθήναζε εἰς τὸ Ἀττικὸν ἐμπόριον σιτηγεῖν, ἀτελῆ τὸν σῖτον ἐξάγειν, ἐπιδημῶν ἐν τῷ Βοσπόρῳ ὁ Λάμπις ἔλαβε τὴν ἐξαγωγὴν τοῦ σίτου καὶ τὴν ἀτέλειαν ἐπὶ τῷ τῆς πόλεως ὀνόματι, γεμίσας δὲ ναῦν μεγάλην σίτου ἐκόμισεν εἰς Ἄκανθον κἀκεῖ διέθετο ὁ προσκοινωνήσας τούτῳ ἀπὸ τῶν ὑμετέρων χρημάτων.
[36] Now, men of the jury, if it were toward myself only that Lampis were showing contempt, it would be nothing to cause surprise; but in reality he has acted far more outrageously than Phormio toward you all. For when Paerisades had published a decree in Bosporus that whoever wished to transport grain to Athens for the Athenian market might export it free of duty, Lampis, who was at the time in Bosporus, obtained permission to export grain and the exemption from duty in the name of the state; and having loaded a large vessel with grain, carried it to Acanthus and there disposed of it, — he, who had made himself the partner of Phormio here with our money.
[37] καὶ ταῦτ᾽ ἔπραξεν, ὦ ἄνδρες δικασταί, οἰκῶν μὲν Ἀθήνησιν, οὔσης δ᾽ αὐτῷ γυναικὸς ἐνθάδε καὶ παίδων, τῶν δὲ νόμων τὰ ἔσχατα ἐπιτίμια προτεθηκότων, εἴ τις οἰκῶν Ἀθήνησιν ἄλλοσέ ποι σιτηγήσειεν ἢ εἰς τὸ Ἀττικὸν ἐμπόριον, ἔτι δ᾽ ἐν τοιούτῳ καιρῷ, ἐν ᾧ ὑμῶν οἱ μὲν ἐν τῷ ἄστει οἰκοῦντες διεμετροῦντο τὰ ἄλφιτα ἐν τῷ ᾠδείῳ, οἱ δ᾽ ἐν τῷ Πειραιεῖ ἐν τῷ νεωρίῳ ἐλάμβανον κατ᾽ ὀβολὸν τοὺς ἄρτους καὶ ἐπὶ τῆς μακρᾶς στοᾶς τὰ ἄλφιτα, καθ᾽ ἡμίεκτον μετρούμενοι καὶ καταπατούμενοι. καὶ ὅτι ἀληθῆ λέγω, λαβέ μοι τήν τε μαρτυρίαν καὶ τὸν νόμον.”Μαρτυρία”“Νόμος”
[37] And he did this, men of the jury, though he was resident at Athens, and had a wife and children here, and although the laws have prescribed the severest penalties if anyone resident at Athens should transport grain to any other place than to the Athenian market; besides, he did this at a critical time, when those of you who dwelt in the city were having their barley-meal measured out to them in the Odeum, and those who dwelt in Peiraeus were receiving their loaves at an obol each in the dockyard and in the long-porch, having their meal measured out to them a gallon at a time, and being nearly trampled to death.
In proof that my words are true, take, please, the deposition and the law.” Deposition ““ Law”
[38] Φορμίων τοίνυν τούτῳ χρώμενος κοινωνῷ καὶ μάρτυρι οἴεται δεῖν ἀποστερῆσαι τὰ χρήματα ἡμᾶς, οἵ γε σιτηγοῦντες διατετελέκαμεν εἰς τὸ ὑμέτερον ἐμπόριον, καὶ τριῶν ἤδη καιρῶν κατειληφότων τὴν πόλιν, ἐν οἷς ὑμεῖς τοὺς χρησίμους τῷ δήμῳ ἐξητάζετε, οὐδενὸς τούτων ἀπολελείμμεθα, ἀλλ᾽ ὅτε μὲν εἰς Θήβας Ἀλέξανδρος παρῄει, ἐπεδώκαμεν ὑμῖν τάλαντον ἀργυρίου:
[38] Phormio, then, with the help of this fellow as his accomplice and witness, thinks proper to rob us of our money — us, who have continually brought grain to your market, and who in three crises which have come upon the state, during which you put to the test those who were of service to the people, have not once been found wanting. Nay, when Alexander entered Thebes, we made you a free gift of a talent in cash;
[39] ὅτε δ᾽ ὁ σῖτος ἐπετιμήθη τὸ πρότερον καὶ ἐγένετο ἑκκαίδεκα δραχμῶν, εἰσαγαγόντες πλείους ἢ μυρίους μεδίμνους πυρῶν διεμετρήσαμεν ὑμῖν τῆς καθεστηκυίας τιμῆς, πέντε δραχμῶν τὸν μέδιμνον, καὶ ταῦτα πάντες ἴστε ἐν τῷ πομπείῳ διαμετρούμενοι: πέρυσι δὲ εἰς τὴν σιτωνίαν τὴν ὑπὲρ τοῦ δήμου τάλαντον ὑμῖν ἐπεδώκαμεν ἐγώ τε καὶ ὁ ἀδελφός. καί μοι ἀνάγνωθι τούτων τὰς μαρτυρίας.”Μαρτυρίαι”
[39] and when grain earlier advanced in price
and reached sixteen drachmae, we imported more than ten thousand medimni of wheat, and measured it out to you at the normal price of five drachmae a medimnus, and you all know that you had this measured out to you in the Pompeium. And last year my brother and I made a free gift of a talent to buy grain for the people.
Read, please, the depositions which establish these facts.” Depositions”
[40] ἀλλὰ μὴν εἴ γε δεῖ καὶ τούτοις τεκμαίρεσθαι, οὐκ εἰκὸς ἦν ἐπιδιδόναι μὲν ἡμᾶς τοσαῦτα χρήματα, ἵνα παρ᾽ ὑμῖν εὐδοξῶμεν, συκοφαντεῖν δὲ Φορμίωνα, ἵνα καὶ τὴν ὑπάρχουσαν ἐπιείκειαν ἀποβάλωμεν. δικαίως ἂν οὖν βοηθήσαιτε ἡμῖν, ὦ ἄνδρες δικασταί. ἐπέδειξα γὰρ ὑμῖν οὔτ᾽ ἐξ ἀρχῆς τὰ φορτία ἐνθέμενον τοῦτον εἰς τὴν ναῦν ἁπάντων ὧν ἐδανείσατο Ἀθήνηθεν, τῶν τ᾽ ἐν τῷ Βοσπόρῳ πραθέντων τοὺς τὰ ἑτερόπλοα δανείσαντας μόλις διαλύσαντα,
[40] Surely, if any inference may be based upon these facts, it is not likely that we should freely give such large sums in order to win a good name among you, and then should bring a false accusation against Phormio in order to throw away even the reputation for honorable dealing which we had won. It is right, therefore, that you should come to our aid, men of the jury. I have shown you that Phormio in the first place did not put on board the vessel goods to the value of all the loans which he had secured at Athens, and that with the proceeds from the goods sold in Bosporus he with difficulty satisfied his creditors who had lent money for the outward voyage;