by Demosthenes
[33] Now, men of the jury, if those who lay plots against others and bring baseless suits are to have the best of it, all that I have said would prove of no avail; but if you abominate people of that sort, and vote as justice demands, then, as Callicles has suffered no loss and has in no way been wronged either by Callarus or by my father, I do not see what need there is of my saying more.
[34] ἵνα δ᾽ εἰδῆθ᾽ ὅτι καὶ πρότερον ἐπιβουλεύων μου τοῖς χωρίοις τὸν ἀνεψιὸν κατεσκεύασεν, καὶ νῦν τὴν ἑτέραν αὐτὸς κατεδιῃτήσατο Καλλάρου ταύτην τὴν δίκην, ἐπηρεάζων ἐμοὶ διότι τὸν ἄνθρωπον περὶ πολλοῦ ποιοῦμαι, καὶ Καλλικράτης Καλλάρῳ πάλιν εἴληχεν ἑτέραν, ἁπάντων ὑμῖν ἀναγνώσεται τὰς μαρτυρίας.”Μαρτυρίαι”
[34] To prove to you, however, that previously in his designs upon my property he got the help of his cousin, and that he has in his own person obtained an award against Callarus in another such suit — looking upon me with despite because I value the man highly, — and that he has again brought another suit against Callarus, — to prove all these things the clerk shall read you the depositions.” Depositions”
[35] μὴ οὖν πρὸς Διὸς καὶ θεῶν, ὦ ἄνδρες δικασταί, προῆσθέ με τούτοις μηδὲν ἀδικοῦντα. οὐ γὰρ τῆς ζημίας τοσοῦτόν τί μοι μέλει, χαλεπὸν ὂν πᾶσι τοῖς μικρὰν οὐσίαν ἔχουσιν: ἀλλ᾽ ἐκβάλλουσιν ὅλως ἐκ τοῦ δήμου μ᾽ ἐλαύνοντες καὶ συκοφαντοῦντες. ὅτι δ᾽ οὐκ ἀδικοῦμεν οὐδέν, ἕτοιμοι μὲν ἦμεν ἐπιτρέπειν τοῖς εἰδόσιν, τοῖς ἴσοις καὶ κοινοῖς, ἕτοιμοι δ᾽ ὀμνύναι τὸν νόμιμον ὅρκον: ταῦτα γὰρ ᾠόμεθ᾽ ἰσχυρότατ᾽ ἂν παρασχέσθαι τοῖς αὐτοῖς ὑμῖν ὀμωμοκόσιν. καί μοι λαβὲ τήν τε πρόκλησιν καὶ τὰς ὑπολοίπους ἔτι μαρτυρίας.”Πρόκλησις”“Μαρτυρίαι”
[35] Do not, then, men of the jury, I beg you in the name of Zeus and the gods, leave me as the prey of these men, when I have done no wrong. I do not care so much about the penalty, hard as that is on persons of small means; but they are absolutely driving me out of the deme by their persecution and baseless charges. To prove that I have done no wrong, I was ready to submit the matter for settlement to fair and impartial men who knew the facts, and I was ready to swear the customary oath; for I thought that would be the strongest proof I could bring before you, who are yourselves upon oath.
Please take the challenge and the remaining depositions.” Challenge ““ Depositions”
κατὰ Διονυσοδώρου Βλάβης — AGAINST DIONYSODORUS
[1] κοινωνός εἰμι τοῦ δανείσματος τούτου, ἄνδρες δικασταί. συμβαίνει δ᾽ ἡμῖν τοῖς τὴν κατὰ θάλατταν ἐργασίαν προῃρημένοις καὶ τὰ ἡμέτερ᾽ αὐτῶν ἐγχειρίζουσιν ἑτέροις ἐκεῖνο μὲν σαφῶς εἰδέναι, ὅτι ὁ δανειζόμενος ἐν παντὶ προέχει ἡμῶν. λαβὼν γὰρ ἀργύριον φανερὸν καὶ ὁμολογούμενον, ἐν γραμματειδίῳ δυοῖν χαλκοῖν ἐωνημένῳ καὶ βυβλιδίῳ μικρῷ πάνυ τὴν ὁμολογίαν καταλέλοιπε τοῦ ποιήσειν τὰ δίκαια. ἡμεῖς δ᾽ οὐ φαμὲν δώσειν, ἀλλ᾽ εὐθὺς τῷ δανειζομένῳ δίδομεν τὸ ἀργύριον.
[1] I am a sharer in this loan, men of the jury. We, who have engaged in the business of overseas trade and put our money in the hands of others, have come to know one thing very clearly: that in all respects the borrower has the best of us. He received the money in cash which was duly acknowledged, and has left us on a scrap of paper which he bought for a couple of coppers, his agreement to do the right thing. We on our part do not promise to give the money, we give it outright to the borrower.
[2] τῷ οὖν ποτὲ πιστεύοντες καὶ τί λαβόντες τὸ βέβαιον, προϊέμεθα; ὑμῖν, ὦ ἄνδρες δικασταί, καὶ τοῖς νόμοις τοῖς ὑμετέροις, οἳ κελεύουσιν, ὅσα ἄν τις ἑκὼν ἕτερος ἑτέρῳ ὁμολογήσῃ, κύρια εἶναι. ἀλλά μοι δοκεῖ οὔτε τῶν νόμων οὔτε συγγραφῆς οὐδεμιᾶς ὄφελος εἶναι οὐδέν, ἂν ὁ λαμβάνων τὰ χρήματα μὴ πάνυ δίκαιος ᾖ τὸν τρόπον, καὶ δυοῖν θάτερον, ἢ ὑμᾶς δεδιὼς ἢ τὸν συμβαλόντα αἰσχυνόμενος.
[2] What, then, do we rely upon, and what security do we get when we risk our money? We rely upon you, men of the jury, and upon your laws, which ordain that all agreements into which a man voluntarily enters with another shall be valid. But in my opinion there is no use in your laws or in any contract, if the one who receives the money is not thoroughly upright in character, and does not either fear you or regard the rights of the one making the loan.
[3] ὧν οὐδέτερον πρόσεστι Διονυσοδώρῳ τουτῳί, ἀλλ᾽ εἰς τοσοῦτον ἥκει τόλμης, ὥστε δανεισάμενος παρ᾽ ἡμῶν ἐπὶ τῇ νηὶ τρισχιλίας δραχμὰς ἐφ᾽ ᾧ τε τὴν ναῦν καταπλεῖν Ἀθήναζε, καὶ δέον ἡμᾶς ἐν τῇ πέρυσιν ὥρᾳ κεκομίσθαι τὰ χρήματα, τὴν μὲν ναῦν εἰς Ῥόδον κατεκόμισε καὶ τὸν γόμον ἐκεῖσε ἐξελόμενος ἀπέδοτο παρὰ τὴν συγγραφὴν καὶ τοὺς νόμους τοὺς ὑμετέρους, ἐκ δὲ τῆς Ῥόδου πάλιν ἀπέστειλε τὴν ναῦν εἰς Αἴγυπτον κἀκεῖθεν εἰς Ῥόδον, ἡμῖν δὲ τοῖς Ἀθήνησι δανείσασιν οὐδέπω καὶ νῦν οὔτε τὰ χρήματα ἀποδίδωσιν οὔτε τὸ ἐνέχυρον καθίστησιν εἰς τὸ ἐμφανές,
[3] Now Dionysodorus here does neither the one nor the other, but has come to such a pitch of audacity, that although he borrowed from us three thousand drachmae upon his ship on the condition that it should sail back to Athens, and although we ought to have got back our money in the harvest-season of last year, he took his ship to Rhodes and there unladed his cargo and sold it in defiance of the contract and of your laws; and from Rhodes again he despatched his ship to Egypt, and from thence back to Rhodes, and to us who lent our money at Athens he has up to this day neither paid back our money nor produced to us our security.
[4] ἀλλὰ δεύτερον ἔτος τουτὶ καρπούμενος τὰ ἡμέτερα, καὶ ἔχων τό τε δάνειον καὶ τὴν ἐργασίαν καὶ τὴν ναῦν τὴν ὑποκειμένην ἡμῖν, οὐδὲν ἧττον εἰσελήλυθεν πρὸς ὑμᾶς, δῆλον ὡς ζημιώσων ἡμᾶς τῇ ἐπωβελίᾳ καὶ καταθησόμενος εἰς τὸ οἴκημα πρὸς τῷ ἀποστερεῖν τὰ χρήματα. ὑμῶν οὖν, ὦ ἄνδρες Ἀθηναῖοι, ὁμοίως ἁπάντων δεόμεθα καὶ ἱκετεύομεν βοηθῆσαι ἡμῖν, ἂν δοκῶμεν ἀδικεῖσθαι. τὴν δὲ ἀρχὴν τοῦ συμβολαίου διεξελθεῖν ὑμῖν πρῶτον βούλομαι: οὕτως γὰρ καὶ ὑμεῖς ῥᾷστα παρακολουθήσετε.
[4] Nay, for two years now he has been using our money for his profit, keeping the loan and the trade and the ship that was mortgaged to us, and notwithstanding this he has come into your court, intending plainly to get us fined with the sixth
part of the damages, and to put us in prison, besides robbing us of our money. We therefore, men of Athens, beg and implore you one and all to come to our aid, if you find that we are being wronged. But first I want to explain to you how the loan was contracted; for thus it will be easiest for you also to follow the case.
[5] Διονυσόδωρος γὰρ οὑτοσί, ὦ ἄνδρες Ἀθηναῖοι, καὶ ὁ κοινωνὸς αὐτοῦ Παρμενίσκος προσελθόντες ἡμῖν πέρυσιν τοῦ μεταγειτνιῶνος μηνὸς ἔλεγον ὅτι βούλονται δανείσασθαι ἐπὶ τῇ νηί, ἐφ᾽ ᾧ τε πλεῦσαι εἰς Αἴγυπτον καὶ ἐξ Αἰγύπτου εἰς Ῥόδον ἢ εἰς Ἀθήνας, διομολογησάμενοι τοὺς τόκους τοὺς εἰς ἑκάτερον τῶν ἐμπορίων τούτων.
[5] This Dionysodorus, men of Athens, and his partner Parmeniscus came to us last year in the month Metageitnion, and said that they desired to borrow money on their ship on the terms that she should sail to Egypt and from Egypt to Rhodes or Athens, and they agreed to pay the interest for the voyage to either one of these ports.
[6] ἀποκριναμένων δ᾽ ἡμῶν, ὦ ἄνδρες δικασταί, ὅτι οὐκ ἂν δανείσαιμεν εἰς ἕτερον ἐμπόριον οὐδὲν ἀλλ᾽ ἢ εἰς Ἀθήνας, οὕτω προσομολογοῦσι πλεύσεσθαι δεῦρο, καὶ ἐπὶ ταύταις ταῖς ὁμολογίαις δανείζονται παρ᾽ ἡμῶν ἐπὶ τῇ νηὶ τρισχιλίας δραχμὰς ἀμφοτερόπλουν, καὶ συγγραφὴν ἐγράψαντο ὑπὲρ τούτων. ἐν μὲν οὖν ταῖς συνθήκαις δανειστὴς ἐγράφη Πάμφιλος οὑτοσί: ἐγὼ δ᾽ ἔξωθεν μετεῖχον αὐτῷ τοῦ δανείσματος. καὶ πρῶτον ὑμῖν ἀναγνώσεται αὐτὴν τὴν συγγραφήν.”Συγγραφή”
[6] We answered, men of the jury, that we would not lend money for a voyage to any other port than Athens, and so they agreed to return here, and with this understanding they borrowed from us three thousand drachmae on the security of their ship for the voyage out and home; and they entered into a written agreement to these terms. In the contract Pamphilus here was named the lender; but I, although not mentioned, was a sharer in the loan.
And first the clerk shall read to you the agreement.” Agreement”
[7] κατὰ ταύτην τὴν συγγραφήν, ὦ ἄνδρες δικασταί, λαβόντες παρ᾽ ἡμῶν τὰ χρήματα Διονυσόδωρός τε οὑτοσὶ καὶ ὁ κοινωνὸς αὐτοῦ Παρμενίσκος ἀπέστελλον τὴν ναῦν εἰς τὴν Αἴγυπτον ἐνθένδε. καὶ ὁ μὲν Παρμενίσκος ἐπέπλει ἐπὶ τῆς νεώς, οὑτοσὶ δὲ αὐτοῦ κατέμενεν. ἦσαν γάρ, ὦ ἄνδρες δικασταί, ἵνα μηδὲ τοῦτο ἀγνοῆτε, ὑπηρέται καὶ συνεργοὶ πάντες οὗτοι Κλεομένους τοῦ ἐν τῇ Αἰγύπτῳ ἄρξαντος, ὃς ἐξ οὗ τὴν ἀρχὴν παρέλαβεν οὐκ ὀλίγα κακὰ ἠργάσατο τὴν πόλιν τὴν ὑμετέραν, μᾶλλον δὲ καὶ τοὺς ἄλλους Ἕλληνας, παλιγκαπηλεύων καὶ συνιστὰς τὰς τιμὰς τοῦ σίτου καὶ αὐτὸς καὶ οὗτοι μετ᾽ αὐτοῦ.
[7] In accordance with this agreement, men of the jury, Dionysodorus here and his partner Parmeniscus, when they had got the money from us, despatched their ship from Athens to Egypt. Parmeniscus sailed in charge of the ship; Dionysodorus remained at Athens. All these men, I would have you know, men of the jury, were underlings and confederates of Cleomenes, the former ruler of Egypt, who from the time he received the government did no small harm to your state, or rather to the rest of the Greeks as well, by buying up grain for resale and fixing its price, and in this he had these men as his confederates.
[8] οἱ μὲν γὰρ αὐτῶν ἀπέστελλον ἐκ τῆς Αἰγύπτου τὰ χρήματα, οἱ δ᾽ ἐπέπλεον ταῖς ἐμπορίαις, οἱ δ᾽ ἐνθάδε μένοντες διετίθεντο τὰ ἀποστελλόμενα: εἶτα πρὸς τὰς καθεστηκυίας τιμὰς ἔπεμπον γράμματα οἱ ἐπιδημοῦντες τοῖς ἀποδημοῦσιν, ἵνα ἐὰν μὲν παρ᾽ ὑμῖν τίμιος ᾖ ὁ σῖτος, δεῦρο αὐτὸν κομίσωσιν, ἐὰν δ᾽ εὐωνότερος γένηται, εἰς ἄλλο τι καταπλεύσωσιν ἐμπόριον. ὅθεν περ οὐχ ἥκιστα, ὦ ἄνδρες δικασταί, συνετιμήθη τὰ περὶ τὸν σῖτον ἐκ τῶν τοιούτων ἐπιστολῶν καὶ συνεργιῶν.
[8] Some of them would despatch the stuff from Egypt, others would sail in charge of the shipments, while still others would remain here in Athens and dispose of the consignments. Then those who remained here would send letters to those abroad advising them of the prevailing prices, so that if grain were dear in your market, they might bring it here, and if the price should fall, they might put in to some other port. This was the chief reason, men of the jury, why the price of grain advanced; it was due to such letters and conspiracies.
[9] ὅτε μὲν οὖν ἐνθένδε ἀπέστελλον οὗτοι τὴν ναῦν, ἐπιεικῶς ἔντιμον κατέλιπον τὸν σῖτον: διὸ καὶ ὑπέμειναν ἐν τῇ συγγραφῇ γράψασθαι εἰς Ἀθήνας πλεῖν, εἰς δ᾽ ἄλλο μηδὲν ἐμπόριον. μετὰ δὲ ταῦτα, ὦ ἄνδρες δικασταί, ἐπειδὴ ὁ Σικελικὸς κατάπλους ἐγένετο καὶ αἱ τιμαὶ τοῦ σίτου ἐπ᾽ ἔλαττον ἐβάδιζον καὶ ἡ ναῦς ἡ τούτων ἀνῆκτο εἰς Αἴγυπτον, εὐθέως οὗτος ἀποστέλλει τινὰ εἰς τὴν Ῥόδον ἀπαγγελοῦντα τῷ Παρμενίσκῳ τῷ κοινωνῷ τὰ ἐνθένδε καθεστηκότα, ἀκριβῶς εἰδὼς ὅτι ἀναγκαῖον εἴη τῇ νηὶ προσσχεῖν εἰς Ῥόδον.
[9] Well then, when these men despatched their ship from Athens, they left the price of grain here pretty high, and for this reason they submitted to have the clause written in the agreement binding them to sail to Athens and to no other port. Afterwards, however, men of the jury, when the ships from Sicily had arrived, and the prices of grain here were falling, and their ship had reached Egypt, the defendant straightway sent a man to Rhodes to inform his partner Parmeniscus of the state of things here, well knowing that his ship would be forced to touch at Rhodes.
[10] πέρας δ᾽ οὖν, λαβὼν γὰρ ὁ Παρμενίσκος ὁ τουτουὶ κοινωνὸς τὰ γράμματα τὰ παρὰ τούτου ἀποσταλέντα, καὶ πυθόμενος τὰς τιμὰς τὰς ἐνθάδε τοῦ σίτου καθεστηκυίας, ἐξαιρεῖται τὸν σῖτον ἐν τῇ Ῥόδῳ κἀκεῖ ἀποδίδοται, καταφρονήσαντες μὲν τῆς συγγραφῆς, ὦ ἄνδρες δικασταί, καὶ τῶν ἐπιτιμίων, ἃ συνεγράψαντο αὐτοὶ οὗτοι καθ᾽ αὑτῶν, ἐάν τι παραβαίνωσιν, καταφρονήσαντες δὲ τῶν νόμων τῶν ὑμετέρων, οἳ κελεύουσι τοὺς ναυκλήρους καὶ τοὺς ἐπιβάτας πλεῖν εἰς ὅ τι ἂν συνθῶνται ἐμπόριον, εἰ δὲ μή, ταῖς μεγίσταις ζημίαις εἶναι ἐνόχους.
[10] The outcome was that Parmeniscus, the defendant’s partner, when he had received the letter sent by him and had learned the price of grain prevailing here, discharged his cargo of grain at Rhodes and sold it there in defiance of the agreement, men of the jury, and of the penalties to which they had of their own will bound the
mselves, in case they should commit any breach of the agreement, and in contempt also of your laws which ordain that shipowners and supercargoes shall sail to the port to which they have agreed to sail or else be liable to the severest penalties.
[11] καὶ ἡμεῖς ἐπειδὴ τάχιστα ἐπυθόμεθα τὸ γεγονός, ἐκπεπληγμένοι τῷ πράγματι προσῇμεν τούτῳ τῷ ἀρχιτέκτονι τῆς ὅλης ἐπιβουλῆς, ἀγανακτοῦντες, οἷον εἰκός, καὶ ἐγκαλοῦντες ὅτι διαρρήδην ἡμῶν διορισαμένων ἐν ταῖς συνθήκαις ὅπως ἡ ναῦς μηδαμόσε καταπλεύσεται ἀλλ᾽ ἢ εἰς Ἀθήνας, καὶ ἐπὶ ταύταις ταῖς ὁμολογίαις δανεισάντων τὸ ἀργύριον, ἡμᾶς μὲν ἐν ὑποψίᾳ καταλέλοιπεν τοῖς βουλομένοις αἰτιᾶσθαι καὶ λέγειν, ὡς ἄρα καὶ ἡμεῖς κεκοινωνήκαμεν τῆς σιτηγίας τῆς εἰς τὴν Ῥόδον, αὐτοὶ δὲ οὐδὲν μᾶλλον τὴν ναῦν ἥκουσι κατακομίζοντες εἰς τὸ ὑμέτερον ἐμπόριον εἰς ὃ συνεγράψαντο.