by Demosthenes
[41] ἔτι δ᾽ οὔτ᾽ εὐποροῦντα οὔθ᾽ οὕτως ὄντ᾽ ἀβέλτερον ὥστ᾽ ἀντὶ δισχιλίων καὶ ἑξακοσίων δραχμῶν τριάκοντα μνᾶς καὶ ἐννέα ἀποδοῦναι, πρός τε τούτοις, ὅτε ἀποδοῦναί φησιν τὸ χρυσίον τῷ Λάμπιδι, οὔτε τὸν παῖδα παραλαβόντα τὸν ἐμὸν οὔτε τὸν κοινωνὸν ἐπιδημοῦντα ἐν Βοσπόρῳ. ἐμοὶ δὲ Λάμπις αὐτὸς μαρτυρῶν φαίνεται ὡς οὐκ ἀπείληφεν τὸ χρυσίον, πρὶν ὑπὸ τούτου διαφθαρῆναι.
[41] further, that he was not well off, and not so foolish as to pay thirty-nine minae instead of twenty-six hundred drachmae; and besides all this, that when, as he says, he paid the money to Lampis he summoned neither my slave nor my partner, who was at the time in Bosporus, as a witness. Again, Lampis himself is shown to have testified to me, before he was corrupted by Phormio, that he had not received the money.
[42] καίτοι εἰ καθ᾽ ἓν ἕκαστον οὕτως ἐδείκνυεν Φορμίων, οὐκ οἶδ᾽ ὅπως ἂν ἄλλως ἄμεινον ἀπελογήσατο. ὑπὲρ δὲ τοῦ τὴν δίκην εἰσαγώγιμον εἶναι ὁ νόμος αὐτὸς διαμαρτύρεται, κελεύων τὰς δίκας εἶναι τὰς ἐμπορικὰς τῶν συμβολαίων τῶν Ἀθήνησιν καὶ εἰς τὸ Ἀθηναίων ἐμπόριον, καὶ οὐ μόνον τῶν Ἀθήνησιν, ἀλλὰ καὶ ὅσα ἂν γένηται ἕνεκα τοῦ πλοῦ τοῦ Ἀθήναζε. λαβὲ δή μοι τοὺς νόμους.”Νόμοι”
[42] Yet, if Phormio were thus to prove his case point by point, I do not see what better defence he could have made. But that the action is admissible the law itself solemnly declares, when it maintains that mercantile actions are those for contracts made at Athens or for the Athenian market, and not only those made at Athens, but all that are made for the purpose of a voyage to Athens.
Please take the laws.” Laws”
[43] ὡς μὲν τοίνυν γέγονέ μοι τὸ συμβόλαιον πρὸς Φορμίων᾽ Ἀθήνησιν, οὐδ᾽ αὐτοὶ ἔξαρνοί εἰσιν, παραγράφονται δὲ ὡς οὐκ εἰσαγώγιμον τὴν δίκην οὖσαν. ἀλλ᾽ εἰς ποῖον δικαστήριον εἰσέλθωμεν, ἄνδρες δικασταί, εἰ μὴ πρὸς ὑμᾶς, οὗπερ τὸ συμβόλαιον ἐποιησάμεθα; δεινὸν γὰρ ἂν εἴη, εἰ μὲν ἕνεκα τοῦ πλοῦ τοῦ Ἀθήναζε ἠδικούμην, εἶναι ἄν μοι παρ᾽ ὑμῖν τὸ δίκαιον λαβεῖν παρὰ Φορμίωνος, ἐπειδὴ δὲ τὸ συμβόλαιον ἐν τῷ ὑμετέρῳ ἐμπορίῳ γέγονεν, μὴ φάσκειν παρ᾽ ὑμῖν τούτους ὑφέξειν τὴν δίκην.
[43] That the contract has been entered into between Phormio and myself at Athens even our opponents themselves do not deny, but they enter a special plea alleging that the action is not admissible. But to what tribunal shall we come, men of the jury, if not to you, since it was here in Athens that we made our contract? It would be hard indeed that, if a wrong had been done me in connection with a voyage to Athens, I should be able to get satisfaction from Phormio in your court, but, when the contract has been made in your market, these men should say that they will not be tried before you.
[44] καὶ ὅτε μὲν Θεοδότῳ τὴν δίαιταν ἐπετρέψαμεν, ὡμολόγησαν εἶναι καθ᾽ αὑτῶν ἐμοὶ τὴν δίκην εἰσαγώγιμον: νυνὶ δὲ τοὐναντίον λέγουσιν ὧν πρότερον αὐτοὶ συγκεχωρήκασιν, ὡς δέον παρὰ μὲν τῷ Θεοδότῳ τῷ ἰσοτελεῖ ὑποσχεῖν αὐτοὺς δίκην ἄνευ παραγραφῆς, ἐπειδὴ δὲ εἰς τὸ Ἀθηναίων δικαστήριον εἰσερχόμεθα, μηκέτ᾽ εἰσαγώγιμον τὴν δίκην εἶναι.
[44] When we referred the case to Theodotus for arbitration, they admitted that my action against them was admissible; but now they say what is the direct opposite of what they have themselves before admitted; as if, forsooth, it were proper that they should be tried before Theodotus, the privileged alien, without a special plea, but, when we enter the Athenian court, the action should no longer be admissible.
[45] ἐνθυμοῦμαι δ᾽ ἔγωγε, τί ἄν ποτε εἰς τὴν παραγραφὴν ἔγραψεν, εἰ ὁ Θεόδοτος ἀπέγνω τῆς δίκης, ὅπου νῦν γνόντος τοῦ Θεοδότου ἀπιέναι ἡμᾶς εἰς τὸ δικαστήριον οὔ φησι τὴν δίκην εἶναι εἰσαγώγιμον παρ᾽ ὑμῖν, πρὸς οὓς ἐκεῖνος ἔγνω ἀπιέναι. πάθοιμι μέντἂν δεινότατα, εἰ οἱ μὲν νόμοι τῶν Ἀθήνησι συμβολαίων κελεύουσι τὰς δίκας εἶναι πρὸς τοὺς θεσμοθέτας, ὑμεῖς δὲ ἀπογνοίητε τῆς δίκης ὀμωμοκότες κατὰ τοὺς νόμους ψηφιεῖσθαι.
[45] I for my part am trying to conceive what in the world he would have written in the special plea, if Theodotus had dismissed the suit, when now, after Theodotus has decreed that we should go into court, he declares that the action is not one that can be brought before you, to whom Theodotus bade us go. Surely I should suffer most cruel treatment if, when the laws declare that suits growing out of contracts made at Athens shall be brought before the Thesmothetae, you, who have sworn to decide according to the laws, should dismiss the suit.
[46] τοῦ μὲν οὖν δανεῖσαι ἡμᾶς τὰ χρήματα αἵ τε συνθῆκαι καὶ αὐτὸς οὗτός ἐστι μάρτυς: τοῦ δ᾽ ἀποδεδωκέναι οὐδείς ἐστι μάρτυς ἔξω τοῦ Λάμπιδος τοῦ συναδικοῦντος. καὶ οὗτος μὲν εἰς ἐκεῖνον μόνον ἀναφέρει τὴν ἀπόδοσιν, ἐγὼ δ᾽ εἴς τε τὸν Λάμπιν αὐτὸν καὶ τοὺς ἀκούσαντας αὐτοῦ ὅτε οὐκ ἔφη ἀπειληφέναι τὸ χρυσίον. τούτῳ μὲν οὖν τοὺς ἐμοὺς μάρτυρας ἔξεστι κρίνειν, εἰ μή φησι τἀληθῆ μαρτυρεῖν αὐτούς: ἐγὼ δ᾽ οὐκ ἔχω τί χρήσωμαι τοῖς τούτου μάρτυσιν, οἵ φασιν εἰδέναι τὸν Λάμπιν μαρτυροῦντα ἀπειληφέναι τὸ χρυσίον. εἰ μὲν γὰρ ἡ μαρτυρία ἡ τοῦ Λάμπιδος κατεβάλλετο ἐνταῦθα, ἴσως ἂν ἔφασαν οὗτοι δίκαιον εἶναι ἐπισκήπτεσθαί μ᾽ ἐκείνῳ: νῦν δ᾽ οὔτε τὴν μαρτυρίαν ταύτην ἔχω, οὑτοσί τε οἴεται δεῖν ἀθῷος εἶναι οὐδὲν βέβαιον ἐνέχυρον καταλιπὼν ὧν πείθει ὑμᾶς ψηφίζεσθαι.
[46] That we lent the money is attested by the agreement, and by Phormio himself; that it has been repaid is attested by no one except Lampis, who is an accomplice in the crime. Phormio claims to prove the payment on the testimony of Lampis alone, but I adduce Lampis and those who heard him declare that he had not received the money. Further, Phormio is in a position to bring my witnesses to trial, if he maintains that their testimony is false, but I have no means of dealing with his witnesses, who say they know that Lampis testified that he had received the money. If Lampis’s own deposition had been put into court, these men would perhaps have said that I ought to prosecute him for giving false testimony; but, as it is, I have not this deposition, and Phormio thinks he should get off unscathed, since he has left no valid security for the verdict which he urges you to pronounce.
[47] πῶς δ᾽ οὐκ ἂν εἴη ἄτοπον, εἰ αὐτοῦ Φορμίωνος �
�μολογοῦντος δανείσασθαι, φάσκοντος δὲ ἀποδεδωκέναι, τὸ μὲν ὁμολογούμενον ὑπ᾽ αὐτοῦ τούτου ἄκυρον ποιήσαιτε, τὸ δὲ ἀμφισβητούμενον κύριον ψηφίσαισθε; καὶ ὁ μὲν Λάμπις, ᾧ οὗτος σκήπτεται μάρτυρι, μαρτυρεῖ ἔξαρνος γενόμενος τὸ ἐξ ἀρχῆς ὡς οὐκ ἀπείληφεν τὸ χρυσίον: ὑμεῖς δὲ γνοίητε ὡς ἀπείληφεν ἐκεῖνος, ᾧ οὐκ εἰσὶ μάρτυρες τοῦ πράγματος;
[47] Would it not indeed be absurd if, when Phormio admits that he borrowed, but alleges that he has made payment, you should make of none effect that which he himself admits and by your vote give effect to what is under dispute? And if, when Lampis, on whose testimony my opponent relies, after at first denying that he had received the money, now testifies to the contrary, you should determine that he has received it, although there are no witnesses to support the fact?
[48] καὶ ὅσα μὲν εἶπε μετὰ τῆς ἀληθείας, μὴ χρήσαισθε τεκμηρίῳ, ἃ δ᾽ ἐψεύσατο ὕστερον, ἐπειδὴ διεφθάρη, πιστότερα ταῦθ᾽ ὑπολάβοιτε εἶναι; καὶ μήν, ὦ ἄνδρες Ἀθηναῖοι, πολὺ δικαιότερόν ἐστιν τοῖς ἐξ ἀρχῆς ῥηθεῖσι τεκμαίρεσθαι μᾶλλον ἢ τοῖς ὕστερον τεκταινομένοις. τὰ μὲν γὰρ οὐκ ἐκ παρασκευῆς, ἀλλ᾽ ἐκ τῆς ἀληθείας ἔλεγεν, τὰ δ᾽ ὕστερον ψευδόμενος καὶ πρὸς τὸ συμφέρον αὑτῷ.
[48] And if you refuse to admit as proofs all that he truthfully stated, and should count more worthy of belief the lies which he told after he had been corrupted? Verily, men of Athens, it is far more just to draw conclusions from statements made in the first instance than from those subsequently fabricated; for the former he made truthfully, and not with ulterior purpose, while the later ones are lies designed to further his interests.
[49] ἀναμνήσθητε δέ, ὦ ἄνδρες Ἀθηναῖοι, ὅτι οὐδ᾽ αὐτὸς ὁ Λάμπις ἔξαρνος ἐγένετο ὡς οὐκ εἴη εἰρηκὼς ὅτι οὐκ ἀπείληφεν τὸ χρυσίον, ἀλλ᾽ εἰπεῖν μὲν ὡμολόγει, οὐ μέντοι γε ἐντὸς ὢν αὑτοῦ εἰπεῖν. οὔκουν ἄτοπον, εἰ τῆς ἐκείνου μαρτυρίας τὸ μὲν πρὸς τοῦ ἀποστεροῦντος πιστῶς ἀκούσεσθε, τὸ δ᾽ ὑπὲρ τῶν ἀποστερουμένων ἄπιστον ἔσται παρ᾽ ὑμῖν;
[49] Remember, men of Athens, that even Lampis himself never denied saying that he had not received the money; he admitted that he so stated, but declared he was not in his right mind at the time. But would it not be absurd for you to accept as worthy of credit that part of his testimony which favors the defrauding party, and to discredit that which favors the party defrauded?
[50] μηδαμῶς, ὦ ἄνδρες δικασταί. ὑμεῖς γάρ ἐστε οἱ αὐτοὶ οἱ τὸν ἐπιδεδανεισμένον ἐκ τοῦ ἐμπορίου πολλὰ χρήματα καὶ τοῖς δανεισταῖς οὐ παρασχόντα τὰς ὑποθήκας θανάτῳ ζημιώσαντες εἰσαγγελθέντα ἐν τῷ δήμῳ, καὶ ταῦτα πολίτην ὑμέτερον ὄντα καὶ πατρὸς ἐστρατηγηκότος.
[50] Nay, men of the jury, I beg you, do not do this. You are the same persons who punished with death, when he had been impeached before the assembly, a man who obtained large additional loans on your exchange, and did not deliver to his creditors their securities, though he was a citizen and the son of a man who had been general.
[51] ἡγεῖσθε γὰρ τοὺς τοιούτους οὐ μόνον τοὺς ἐντυγχάνοντας ἀδικεῖν, ἀλλὰ καὶ κοινῇ βλάπτειν τὸ ἐμπόριον ὑμῶν, εἰκότως. αἱ γὰρ εὐπορίαι τοῖς ἐργαζομένοις οὐκ ἀπὸ τῶν δανειζομένων, ἀλλ᾽ ἀπὸ τῶν δανειζόντων εἰσίν, καὶ οὔτε ναῦν οὔτε ναύκληρον οὔτ᾽ ἐπιβάτην ἔστ᾽ ἀναχθῆναι, τὸ τῶν δανειζόντων μέρος ἂν ἀφαιρεθῇ.
[51] For you hold that such people not only wrong those who do business with them, but also do a public injury to your mart; and you are right in holding this view. For the resources required by those who engage in trade come not from those who borrow, but from those who lend; and neither ship nor shipowner nor passenger can put to sea, if you take away the part contributed by those who lend.
[52] ἐν μὲν οὖν τοῖς νόμοις πολλαὶ καὶ καλαὶ βοήθειαί εἰσιν αὐτοῖς: ὑμᾶς δὲ δεῖ συνεπανορθοῦντας φαίνεσθαι καὶ μὴ συγχωροῦντας τοῖς πονηροῖς, ἵν᾽ ὑμῖν ὡς πλείστη ὠφέλεια παρὰ τὸ ἐμπόριον ᾖ. ἔσται δέ, ἐὰν διαφυλάττητε τοὺς τὰ ἑαυτῶν προϊεμένους, καὶ μὴ ἐπιτρέπητε ἀδικεῖσθαι ὑπὸ τῶν τοιούτων θηρίων.
ἐγὼ μὲν οὖν ὅσαπερ οἷός τ᾽ ἦν εἴρηκα: καλῶ δὲ καὶ ἄλλον τινὰ τῶν φίλων, ἐὰν κελεύητε.
[52] In the laws there are many excellent provisions for their protection. It is your duty to show that you aid the laws in righting abuses, and that you make no concession to wrongdoers, in order that you may derive the greatest possible benefit from your market. You will do so, if you protect those who risk their money, and do not allow them to be defrauded by monsters such as these.
I have said all that it was in my power to say. But I am ready to call another of my friends, if you so bid.
πρὸς τὴν Λάκριτον Παραγραφὴν — AGAINST LACRITUS
[1] οὐδὲν καινὸν διαπράττονται οἱ Φασηλῖται, ὦ ἄνδρες δικασταί, ἀλλ᾽ ἅπερ εἰώθασιν. οὗτοι γὰρ δεινότατοι μέν εἰσιν δανείσασθαι χρήματα ἐν τῷ ἐμπορίῳ, ἐπειδὰν δὲ λάβωσιν καὶ συγγραφὴν συγγράψωνται ναυτικήν, εὐθὺς ἐπελάθοντο καὶ τῶν συγγραφῶν καὶ τῶν νόμων καὶ ὅτι δεῖ ἀποδοῦναι αὐτοὺς ἃ ἔλαβον,
[1] The Phaselites, men of the jury, are up to no new tricks; they are merely doing what it is their wont to do. For they are the cleverest people at borrowing money on your exchange; but, as soon as they get it and have drawn up a maritime contract, they straightway forget the contract and the laws, and that they are under obligation to pay back what they have received.
[2] καὶ οἴονται, ἐὰν ἀποδῶσιν, ὥσπερ τῶν ἰδίων τι τῶν ἑαυτῶν ἀπολωλεκέναι, ἀλλ᾽ ἀντὶ τοῦ ἀποδοῦναι σοφίσματα εὑρίσκουσιν καὶ παραγραφὰς καὶ προφάσεις, καὶ εἰσὶν πονηρότατοι ἀνθρώπων καὶ ἀδικώτατοι. τεκμήριον δὲ τούτου: πολλῶν γὰρ ἀφικνουμένων εἰς τὸ ὑμέτερον ἐμπόριον καὶ Ἑλλήνων καὶ βαρβάρων, πλείους δίκαι εἰσὶν ἑκάστοτε αὐτῶν τῶν Φασηλιτῶν ἢ τῶν ἄλλων ἁπάντων.
[2] They consider that, if they pay their debts, it is like having lost something of their own private property, and, instead of paying, they invent sophisms, and special pleas, and pretexts; and are the most unprincipled and dishonest of men. Here is a proof of this. Out of the hosts of people, both Greeks and barbarians, who frequent your exchange, the Phaselites alone have more lawsuits, whenever the courts sit, than all others put together. That is the sort of p
eople they are.
[3] οὗτοι μὲν οὖν τοιοῦτοί εἰσιν: ἐγὼ δέ, ὦ ἄνδρες δικασταί, χρήματα δανείσας Ἀρτέμωνι τῷ τούτου ἀδελφῷ κατὰ τοὺς ἐμπορικοὺς νόμους, εἰς τὸν Πόντον καὶ πάλιν Ἀθήναζε, τελευτήσαντος ἐκείνου πρὶν ἀποδοῦναί μοι τὰ χρήματα, Λακρίτῳ τουτῳὶ εἴληχα τὴν δίκην ταύτην κατὰ τοὺς αὐτοὺς νόμους τούτους καθ᾽ οὕσπερ τὸ συμβόλαιον ἐποιησάμην,
[3] But I, men of the jury, lent money to Artemo, this fellow’s brother, in accordance with the commercial laws for a voyage to Pontus and back. As he died before having repaid me the money I have brought this suit against Lacritus here in accordance with the same laws under which I made the contract,
[4] ἀδελφῷ ὄντι τούτῳ ἐκείνου καὶ ἔχοντι ἅπαντα τὰ Ἀρτέμωνος, καὶ ὅσα ἐνθάδε κατέλιπεν καὶ ὅσα ἦν αὐτῷ ἐν τῇ Φασήλιδι, καὶ κληρονόμῳ ὄντι τῶν ἐκείνου ἁπάντων, καὶ οὐκ ἂν ἔχοντος τούτου δεῖξαι νόμον ὅστις αὐτῷ δίδωσιν ἐξουσίαν ἔχειν μὲν τὰ τοῦ ἀδελφοῦ καὶ διῳκηκέναι ὅπως ἐδόκει αὐτῷ, μὴ ἀποδοῦναι δὲ τὰ ἀλλότρια χρήματα, ἀλλὰ λέγειν νῦν ὅτι οὐκ ἔστιν κληρονόμος, ἀλλ᾽ ἀφίσταται τῶν ἐκείνου.