by Demosthenes
[31] We, men of the jury, were indignant at these words, but we gained nothing by our indignation, for these men cared not a fig for it. Nevertheless we asked them in what way the goods had been lost. This man, Lacritus, said that the ship had been wrecked while sailing along the coast from Panticapaeum to Theodosia, and that in the wreck of the vessel the goods of his brothers which were at the time on board were lost; there was on board salt fish, Coan wine, and sundry other things; this, they said, had been put on board as a return cargo, and they had intended to bring it to Athens, had it not been lost in the ship.
[32] καὶ ἃ μὲν ἔλεγεν, ταῦτ᾽ ἦν: ἄξιον δὲ ἀκοῦσαι τὴν βδελυρίαν τῶν ἀνθρώπων τούτων καὶ τὴν ψευδολογίαν. πρός τε γὰρ τὸ πλοῖον τὸ ναυαγῆσαν οὐδὲν ἦν αὐτοῖς συμβόλαιον, ἀλλ᾽ ἦν ἕτερος ὁ δεδανεικὼς Ἀθήνηθεν ἐπὶ τῷ ναύλῳ τῷ εἰς τὸν Πόντον καὶ ἐπ᾽ αὐτῷ τῷ πλοίῳ （Ἀντίπατρος ὄνομα ἦν τῷ δεδανεικότι, Κιτιεὺς τὸ γένος）: τό τε οἰνάριον τὸ Κῷον ὀγδοήκοντα στάμνοι ἐξεστηκότος οἴνου, καὶ τὸ τάριχος ἀνθρώπῳ τινὶ γεωργῷ παρεκομίζετο ἐν τῷ πλοίῳ ἐκ Παντικαπαίου εἰς Θεοδοσίαν τοῖς ἐργάταις τοῖς περὶ τὴν γεωργίαν χρῆσθαι. τί οὖν ταύτας τὰς προφάσεις λέγουσιν; οὐδὲν γὰρ προσήκει.
[32] That is what he said; but it is worth your while to learn the abominable wickedness of these men, and their mendacity. Concerning the vessel which was wrecked they had no contract, but it was another man who had lent from Athens upon the freight to Pontus, and on the vessel itself. （Antipater was the lender’s name; he was a Citian by birth.） The Coan wine （eighty jars of wine that had turned sour） and the salt fish were being transported in the vessel for a certain farmer from Panticapaeum to Theodosia for the use of the laborers on his farm. Why, then, do they keep alleging these excuses? It is in no wise fitting.
[33] καί μοι λαβὲ τὴν μαρτυρίαν, πρῶτον μὲν τὴν Ἀπολλωνίδου, ὅτι Ἀντίπατρος ἦν ὁ δανείσας ἐπὶ τῷ πλοίῳ, τούτοις δ᾽ οὐδ᾽ ὁτιοῦν προσήκει τῆς ναυαγίας, ἔπειτα τὴν Ἐρασικλέους καὶ τὴν Ἱππίου, ὅτι ὀγδοήκοντα μόνον κεράμια παρήγετο ἐν τῷ πλοίῳ.”Μαρτυρίαι
Ἀπολλωνίδης Ἁλικαρνασσεὺς μαρτυρεῖ εἰδέναι δανείσαντα Ἀντίπατρον, Κιτιέα τὸ γένος, χρήματα Ὑβλησίῳ εἰς τὸν Πόντον ἐπὶ τῇ νηὶ ἣν Ὑβλήσιος ἐναυκλήρει, καὶ τῷ ναύλῳ τῷ εἰς τὸν Πόντον: κοινωνεῖν δὲ καὶ αὑτὸν τῆς νεὼς Ὑβλησίῳ, καὶ συμπλεῖν ἑαυτοῦ οἰκέτας ἐν τῇ νηί, καὶ ὅτε διεφθάρη ἡ ναῦς, παρεῖναι τοὺς οἰκέτας τοὺς ἑαυτοῦ καὶ ἀπαγγέλλειν ἑαυτῷ, καὶ ὅτι ἡ ναῦς κενὴ διεφθάρη παραπλέουσα εἰς Θευδοσίαν ἐκ Παντικαπαίου.”
[33] Now please take the deposition first that of Apollonides, showing that it was Antipater who lent money upon the vessel, and that these men were in no wise affected by the shipwreck; and then that of Erasicles and that of Hippias, showing that only eighty jars were being transported in the vessel.”Depositions
Apollonides of Halicarnassus deposes that to his knowledge Antipater, a Citian by birth, lent money to Hyblesius for a voyage to Pontus on the ship of which Hyblesius was in command, and on the freight to Pontus, and that he was himself part-owner of the ship with Hyblesius; that slaves of his own were passengers on the ship; and that, when the ship was wrecked, his servants were present and reported the fact to him, and also the further fact that the ship, having no cargo, was wrecked while sailing along the coast to Theodosia from Panticapaeum.”
[34]”
Ἐρασικλῆς μαρτυρεῖ συμπλεῖν Ὑβλησίῳ κυβερνῶν τὴν ναῦν εἰς τὸν Πόντον, καὶ ὅτε παρέπλει ἡ ναῦς εἰς Θευδοσίαν ἐκ Παντικαπαίου, εἰδέναι κενὴν τὴν ναῦν παραπλέουσαν, καὶ Ἀπολλοδώρου αὐτοῦ τοῦ φεύγοντος νυνὶ τὴν δίκην μὴ εἶναι οἶνον ἐν τῷ πλοίῳ, ἀλλὰ παράγεσθαι τῶν ἐκ Θευδοσίας τινὶ οἴνου Κῷα κεράμια περὶ ὀγδοήκοντα.
Ἱππίας Ἀθηνίππου Ἁλικαρνασσεὺς μαρτυρεῖ συμπλεῖν Ὑβλησίῳ διοπεύων τὴν ναῦν, καὶ ὅτε παρέπλει ἡ ναῦς εἰς Θευδοσίαν ἐκ Παντικαπαίου, ἐνθέσθαι Ἀπολλόδωρον εἰς τὴν ναῦν ἐρίων ἀγγεῖον ἓν ἢ δύο καὶ ταρίχους κεράμια ἕνδεκα ἢ δώδεκα καὶ δέρματ᾽ αἴγεια, δύο δέσμας ἢ τρεῖς, ἄλλο δ᾽ οὐδέν.
πρὸς τούσδ᾽ ἐξεμαρτύρησεν: Εὐφίλητος Δαμοτίμου Ἀφιδναῖος, Ἱππίας Τιμοξένου Θυμαιτάδης, Σώστρατος Φιλίππου Ἑστιαιόθεν, Ἀρχενομίδης Στράτωνος Θριάσιος, Φιλτάδης Κτησικλέους Ξυπεταιών.”
[34]”
Erasicles deposes that he sailed with Hyblesius as pilot of the ship to Pontus, and when the ship was sailing along the coast to Theodosia from Panticapaeum he knows that the ship had no cargo; and that Apollodorus, the very man who is now defendant in this suit, had no wine on board the vessel, but that about eighty jars of Coan wine were being conveyed for a certain man of Theodosia.
Hippias, son of Athenippus, of Halicarnassus, deposes that he sailed with Hyblesius as supercargo of the ship, and that when the ship was sailing along the coast to Theodosia from Panticapaeum, Apollodorus put on board the ship one or two hampers of wool, eleven or twelve jars of salt fish, and goat-skins — two or three bundles — and nothing else.
In addition to these, written affidavits were submitted by Euphiletus, son of Damotimus, of Aphidnae, Hippias, son of Timoxenus, of Thymaetadae, Sostratus, son of Philip, of Histiaea, Archenomides, son of Strato, of Thria. and Philtiades, son of Ctesicles, of Xypetê.”
[35] ἡ μὲν ἀναίδεια τοιαύτη τῶν ἀνθρώπων τούτων ἐστίν. ὑμεῖς δέ, ὦ ἄνδρες δικασταί, ἐνθυμεῖσθε πρὸς ὑμᾶς αὐτούς, εἴ τινας πώποτ᾽ ἴστε ἢ ἠκούσατε οἶνον Ἀθήναζε ἐκ τοῦ Πόντου κατ᾽ ἐμπορίαν εἰσαγαγόντας, ἄλλως τε καὶ Κῷον. πᾶν γὰρ δήπου τοὐναντίον εἰς τὸν Πόντον ὁ οἶνος εἰσάγεται ἐκ τῶν τόπων τῶν περὶ ἡμᾶς, ἐκ Πεπαρήθου καὶ Κῶ καὶ Θάσιος καὶ Μενδαῖος καὶ ἐξ ἄλλων τινῶν πόλεων παντοδαπός: ἐκ δὲ τοῦ Πόντου ἕτερά ἐστιν ἃ εἰσάγεται δεῦρο.
[35] Such is the shamelessness of these men. Now, men of the jury, take thought in your own minds, whether you ever knew or heard of any people importing wine by way of trade from Pontus to Athens, and especially Coan wine. The very opposite is, of course, the case. Wine is carried to Pontus from places around us, from Peparethus, and Cos, and Thasos and Mendê, and from all sorts of other places; whereas the things imported here from Pontus are quite different.
[36] κατεχόμενοι δὲ ὑφ᾽ ἡμῶν καὶ ἐλεγχόμενοι εἴ τι περιγένοιτο τῶν χρημάτων ἐν τῷ Πόντῳ, ἀπεκρίνατο Λάκριτος οὑτοσί, ὅτι ἑκατ
ὸν στατῆρες Κυζικηνοὶ περιγένοιντο, καὶ τοῦτο τὸ χρυσίον δεδανεικὼς εἴη ἁδελφὸς αὐτοῦ ἐν τῷ Πόντῳ ναυκλήρῳ τινὶ Φασηλίτῃ, πολίτῃ καὶ ἐπιτηδείῳ ἑαυτοῦ, καὶ οὐ δύναιτο κομίσασθαι, ἀλλὰ σχεδόν τι ἀπολωλὸς εἴη καὶ τοῦτο.
[36] When we refused to let them off, and questioned them as to whether any of the goods were saved in Pontus, the defendant, Lacritus, answered that one hundred Cyzicene staters were saved; and that his brother had lent this sum in gold in Pontus to a certain shipowner of Phaselis, a fellow-countryman and friend of his; and that he was unable to get it back, so that this also was as good as lost.
[37] ταῦτ᾽ ἐστὶν ἃ ἔλεγεν Λάκριτος οὑτοσί. ἡ δὲ συγγραφὴ οὐ ταῦτα λέγει, ὦ ἄνδρες δικασταί, ἀλλ᾽ ἀντιφορτισαμένους ἀπάγειν κελεύει Ἀθήναζε, οὐ δανείζειν τούτους ὅτῳ ἂν βούλωνται ἐν τῷ Πόντῳ τὰ ἡμέτερα ἄνευ ἡμῶν, ἀλλ᾽ Ἀθήναζε παρέχειν ἀνέπαφα ἡμῖν, ἕως ἂν ἡμεῖς ἀπολάβωμεν τὰ χρήματα ὅσα ἐδανείσαμεν. καί μοι ἀναγίγνωσκε τὴν συγγραφὴν πάλιν.”Συγγραφή”
[37] This is what was said by this fellow, Lacritus; but the agreement, men of the jury, does not say this. It bids these men to take on board a return cargo, and bring it back to Athens; not to lend our property without our consent to whomsoever in Pontus they pleased, but to deliver it in its entirety to us at Athens, until we should recover all the money which we had lent.
Now, please read the agreement again.” Agreement”
[38] πότερον, ὦ ἄνδρες δικασταί, δανείζειν κελεύει τούτους ἡ συγγραφὴ τὰ ἡμέτερα, καὶ ταῦτα ἀνθρώπῳ ὃν ἡμεῖς οὔτε γιγνώσκομεν οὔθ᾽ ἑοράκαμεν πώποτε, ἢ ἀντιφορτισαμένους κομίσαι Ἀθήναζε καὶ φανερὰ ποιῆσαι ἡμῖν καὶ ἀνέπαφα παρέχειν;
[38] Does the agreement, men of the jury, bid these men lend our money, and that to a man whom we do not know, and have never seen? Or does it bid them put on board their ship a return cargo and convey it to Athens, and there display it to us, and deliver it to us in its entirety?
[39] ἡ μὲν γὰρ συγγραφὴ οὐδὲν κυριώτερον ἐᾷ εἶναι τῶν ἐγγεγραμμένων, οὐδὲ προσφέρειν οὔτε νόμον οὔτε ψήφισμα οὔτ᾽ ἄλλ᾽ οὐδ᾽ ὁτιοῦν πρὸς τὴν συγγραφήν: τούτοις δ᾽ εὐθὺς ἐξ ἀρχῆς οὐδὲν ἐμέλησε τῆς συγγραφῆς ταύτης, ἀλλὰ τοῖς χρήμασιν ἐχρῶντο τοῖς ἡμετέροις ὥσπερ ἰδίοις οὖσιν αὑτῶν: οὕτως εἰσὶν οὗτοι κακοῦργοι σοφισταὶ καὶ ἄδικοι ἄνθρωποι.
[39] The agreement does not permit anything to have greater effect than the terms contained in it, nor that anyone should bring forward any law or decree or anything else whatever to contravene its provisions; yet these men from the very outset paid no heed to this agreement, but made use of our money as if it had been their very own; so rascally are they as sophists and dishonest as men.
[40] ἐγὼ δέ, μὰ τὸν Δία τὸν ἄνακτα καὶ τοὺς θεοὺς ἅπαντας, οὐδενὶ πώποτε ἐφθόνησα οὐδ᾽ ἐπετίμησα, ὦ ἄνδρες δικασταί, εἴ τις βούλεται σοφιστὴς εἶναι καὶ Ἰσοκράτει ἀργύριον ἀναλίσκειν: μαινοίμην γὰρ ἄν, εἴ τί μοι τούτων ἐπιμελὲς εἴη. οὐ μέντοι μὰ Δία οἶμαί γε δεῖν ἀνθρώπους καταφρονοῦντας καὶ οἰομένους δεινοὺς εἶναι ἐφίεσθαι τῶν ἀλλοτρίων, οὐδὲ ἀφαιρεῖσθαι, τῷ λόγῳ πιστεύοντας: πονηροῦ γὰρ ταῦτ᾽ ἐστὶν σοφιστοῦ καὶ οἰμωξομένου.
[40] For my own part, I swear by Zeus the king and by all the gods, I never made it a matter of reproach to anyone, men of the jury, nor blamed him, if he chose to be a sophist and to pay money to Isocrates; I should be mad if I concerned myself about anything of that sort. But, by Zeus, I do not think it right that men, because they look down on people and think themselves clever, should covet the property of others and seek to defraud them, trusting in their power of speech. That is the part of a rascally sophist, who should be made to suffer for it.
[41] Λάκριτος δ᾽ οὑτοσί, ὦ ἄνδρες δικασταί, οὐ τῷ δικαίῳ πιστεύων εἰσελήλυθε ταύτην τὴν δίκην, ἀλλ᾽ ἀκριβῶς εἰδὼς τὰ πεπραγμέν᾽ αὑτοῖς περὶ τὸ δάνεισμα τοῦτο, καὶ ἡγούμενος δεινὸς εἶναι καὶ ῥᾳδίως λόγους ποριεῖσθαι περὶ ἀδίκων πραγμάτων, οἴεται παράξειν ὑμᾶς ὅποι ἂν βούληται. ταῦτα γὰρ ἐπαγγέλλεται δεινὸς εἶναι, καὶ ἀργύριον αἰτεῖ καὶ μαθητὰς συλλέγει περὶ αὐτῶν τούτων ἐπαγγελλόμενος παιδεύειν.
[41] This fellow Lacritus, men of the jury, has not come into court relying on the justice of his case, but realizing perfectly what he and his brothers have done in the matter of this loan; and because he considers that he is clever and will easily provide arguments to defend evil practices, he thinks he will lead you astray just as he pleases. For it is precisely in these matters that he professes himself to be clever, and he asks money, and collects pupils, promising to instruct them in these very things.
[42] καὶ πρῶτον μὲν τοὺς ἀδελφοὺς τοὺς αὑτοῦ ἐπαίδευσεν τὴν παιδείαν ταύτην, ἣν ὑμεῖς αἰσθάνεσθε πονηρὰν καὶ ἄδικον, ὦ ἄνδρες δικασταί, δανείζεσθαι ἐν τῷ ἐμπορίῳ ναυτικὰ χρήματα καὶ ταῦτ᾽ ἀποστερεῖν καὶ μὴ ἀποδιδόναι. πῶς ἂν γένοιντο πονηρότεροι ἄνθρωποι ἢ τοῦ παιδεύοντος τὰ τοιαῦτα ἢ αὐτῶν τῶν παιδευομένων; ἐπεὶ δ᾽ οὖν δεινός ἐστιν καὶ πιστεύει τῷ λέγειν καὶ ταῖς χιλίαις δραχμαῖς ἃς δέδωκεν τῷ διδασκάλῳ,
[42] In the first place, he instructed his own brothers in this art, which you, men of the jury, see to be evil and unjust — the art of borrowing on your exchange money for a maritime adventure, and then defrauding the lenders, and refusing to pay them. How could there be men baser than the one who teaches such an art, or than those who learn of him? Since, then, he is so clever, and trusts in his power of speaking and in the one thousand drachmae which he has paid to his teacher,
[43] κελεύσατε αὐτὸν διδάξαι ὑμᾶς, ἢ ὡς τὰ χρήματα οὐκ ἔλαβον παρ᾽ ἡμῶν, ἢ ὡς λαβόντες ἀποδεδώκασιν, ἢ ὅτι τὰς ναυτικὰς συγγραφὰς οὐ δεῖ κυρίας εἶναι, ἢ ὡς δεῖ ἄλλο τι χρήσασθαι τοῖς χρήμασιν ἢ ἐφ᾽ οἷς ἔλαβον κατὰ τὴν συγγραφήν. τούτων ὅ τι βούλεται πεισάτω ὑμᾶς. καὶ ἔγωγε καὶ αὐτὸς συγχωρῶ σοφώτατον εἶναι τοῦτον, ἐὰν ὑμᾶς πείσῃ τοὺς περὶ τῶν συμβολαίων τῶν ἐμπορικῶν δικάζοντας. ἀλλ᾽ εὖ οἶδ᾽ ὅτι οὐδὲν ἂν τούτων οἷός τ᾽ εἴη οὗτος οὔτε διδάξαι οὔτε πεῖσαι.
[43] bid him show you, either that they did not borrow the money from us, or
that, having borrowed it, they have paid it back; or that agreements for overseas trade ought not to be binding; or that it is right for people to use money for some other purpose than that for which they received it under agreement. Let him prove to you whatever one of these propositions he chooses. If he can so prove it to you who sit to decide cases of mercantile contracts, I certainly concede that he is the cleverest of men. But I know well that he would not be able to prove it to you or induce you to believe any one of them.
[44] χωρὶς δὲ τούτων, φέρε πρὸς τῶν θεῶν, ὦ ἄνδρες δικασταί, εἰ τοὐναντίον συνεβεβήκει, μὴ ὁ τούτου ἀδελφὸς ὁ τετελευτηκὼς ἐμοὶ ὤφειλε χρήματα, ἀλλ᾽ ἐγὼ τῷ τούτου, τάλαντον ἢ ὀγδοήκοντα μνᾶς ἢ πλέον ἢ ἔλαττον, ἆρ᾽ ἂν οἴεσθε Λάκριτον τουτονί, ὦ ἄνδρες δικασταί, τοὺς αὐτοὺς λόγους λέγειν οἷσπερ νυνὶ κατακέχρηται, ἢ φάσκειν αὑτὸν οὐκ εἶναι κληρονόμον ἢ ἀφίστασθαι τῶν τοῦ ἀδελφοῦ, καὶ οὐκ ἂν πάνυ πικρῶς εἰσπράττειν με, ὥσπερ καὶ παρὰ τῶν ἄλλων εἰσπέπρακται, εἴ τίς τι ἐκείνῳ τῷ τετελευτηκότι ὤφειλεν ἢ ἐν Φασήλιδι ἢ ἄλλοθί που;