by Demosthenes
[40] This is an important point, men of Athens. Just observe the extravagance of his statement. The ship was disabled, so he says, and for this reason he brought her into the port of Rhodes. Well, then, after that she was repaired and became fit for sea. Why, then, my good fellow, did you send her off to Egypt and to other ports, but have never up to this day sent her back to Athens, to us your creditors, to whom the agreement requires you to produce the ship, plain to see and unimpaired, and that too although we made demand upon you again and again and challenged you to do so?
[41] ἀλλ᾽ οὕτως ἀνδρεῖος εἶ, μᾶλλον δὲ ἀναίσχυντος, ὥστ᾽ ἐκ τῆς συγγραφῆς ὀφείλων ἡμῖν διπλάσια τὰ χρήματα, οὐκ οἴει δεῖν οὐδὲ τοὺς τόκους τοὺς γιγνομένους ἀποδοῦναι, ἀλλὰ τοὺς εἰς Ῥόδον προστάττεις ἀπολαβεῖν, ὥσπερ τὸ σὸν πρόσταγμα τῆς συγγραφῆς δέον κυριώτερον γενέσθαι, καὶ τολμᾷς λέγειν ὡς οὐκ ἐσώθη ἡ ναῦς εἰς τὸν Πειραιᾶ: ἐφ᾽ ᾧ δικαίως ἂν ἀποθάνοις ὑπὸ τῶν δικαστῶν.
[41] No; you are so bold or rather so impudent, that, while under the agreement you owe us double the amount of our loan, you do not see fit to pay us even the accrued interest, but bid us accept interest as far as Rhodes, as if your command ought to prove of more force than the agreement; and you have the insolence to declare that the vessel did not arrive safe at the Peiraeus; for which you might with justice be condemned to death by the jurors.
[42] διὰ τίνα γὰρ μᾶλλον, ὦ ἄνδρες δικασταί, οὐ σέσῳσται ἡ ναῦς εἰς τὸν Πειραιᾶ; πότερον δι᾽ ἡμᾶς τοὺς διαρρήδην δανείσαντας εἰς Αἴγυπτον καὶ εἰς Ἀθήνας, ἢ διὰ τοῦτον καὶ τὸν κοινωνὸν αὐτοῦ, οἳ ἐπὶ ταύταις ταῖς ὁμολογίαις δανεισάμενοι, ἐφ᾽ ᾧ τε καταπλεῖν Ἀθήναζε, εἰς Ῥόδον κατήγαγον τὴν ναῦν; ὅτι δὲ ἑκόντες καὶ οὐκ ἐξ ἀνάγκης ταῦτ᾽ ἔπραξαν, ἐκ πολλῶν δῆλον.
[42] For who other than this fellow is to blame, men of the jury, if the ship did not arrive safe at the Peiraeus? Are we to blame, who lent our money expressly for a voyage to Egypt and to Athens, or is it the fault of this fellow and his partner, who after borrowing money on these terms, that the vessel should return to Athens, then took her to Rhodes? And that they did this of their own will and not of necessity is clear on many grounds.
[43] εἰ γὰρ ὡς ἀληθῶς ἀκούσιον τὸ συμβὰν ἐγένετο καὶ ἡ ναῦς ἐρράγη, τὸ μετὰ τοῦτ᾽ ἐπειδὴ ἐπεσκεύασαν τὴν ναῦν, οὐκ ἂν εἰς ἕτερα δήπου ἐμπόρια ἐμίσθωσαν αὐτήν, ἀλλ᾽ ὡς ὑμᾶς ἀπέστελλον, ἐπανορθούμενοι τὸ ἀκούσιον σύμπτωμα. νῦν δ᾽ οὐχ ὅπως ἐπηνωρθώσαντο, ἀλλὰ πρὸς τοῖς ἐξ ἀρχῆς ἀδικήμασι πολλῷ μείζω προσεξημαρτήκασιν, καὶ ὥσπερ ἐπὶ καταγέλωτι ἀντιδικοῦντες εἰσεληλύθασιν, ὡς ἐπ᾽ αὐτοῖς ἐσόμενον, ἐὰν καταψηφίσησθε αὐτῶν, τὰ ἀρχαῖα μόνον ἀποδοῦναι καὶ τοὺς τόκους.
[43] For if what occurred took place against their will, and the ship was really disabled, afterwards, when they had repaired the ship, they would surely not have let her for a voyage to other ports, but would have despatched her to Athens to make amends for the involuntary accident. As it is, however, they have not only made no amends, but to their original wrongdoings they have added others greater far, and have come here to contest the suit as it were in a spirit of mockery, assuming that it will rest with them, if you give judgement against them, merely to pay the principal and interest.
[44] ὑμεῖς οὖν, ὦ ἄνδρες Ἀθηναῖοι, μὴ ἐπιτρέπετε τούτοις οὕτως ἔχουσιν, μηδ᾽ ἐπὶ δυοῖν ἀγκύραιν ὁρμεῖν αὐτοὺς ἐᾶτε, ὡς, ἐὰν μὲν κατορθώσωσι, τἀλλότρια ἕξοντας, ἐὰν δὲ μὴ δύνωνται ἐξαπατῆσαι ὑμᾶς, αὐτὰ τὰ ὀφειλόμενα ἀποδώσοντας: ἀλλὰ τοῖς ἐπιτιμίοις ζημιοῦτε τοῖς ἐκ τῆς συγγραφῆς. καὶ γὰρ ἂν δεινὸν εἴη, αὐτοὺς μὲν τούτους διπλασίαν καθ᾽ αὑτῶν τὴν ζημίαν γράψασθαι, ἐάν τι παραβαίνωσι τῶν ἐν τῇ συγγραφῇ, ὑμᾶς δ᾽ ἠπιωτέρως ἔχειν πρὸς αὐτούς, καὶ ταῦτα οὐχ ἧττον ἡμῶν συνηδικημένους.
[44] Do not you, then, men of Athens, suffer men of this stamp to have their own way, nor allow them to ride on two anchors, with the hope that, if they are successful, they will retain what belongs to others, and if they are not able to hoodwink you, they will merely pay the bare amount which they owe; but inflict upon them the penalties provided in the agreement. For it would be an outrageous thing, when these men have themselves in writing imposed upon themselves a penalty of double the amount, if they commit any breach of the agreement, that you should be more lenient toward them; especially when you have yourselves been wronged no less than we.
[45] τὰ μὲν οὖν περὶ τοῦ πράγματος δίκαια βραχέα ἐστὶ καὶ εὐμνημόνευτα. ἐδανείσαμεν Διονυσοδώρῳ τουτῳὶ καὶ τῷ κοινωνῷ αὐτοῦ τρισχιλίας δραχμὰς Ἀθήνηθεν εἰς Αἴγυπτον καὶ ἐξ Αἰγύπτου Ἀθήναζε: οὐκ ἀπειλήφαμεν τὰ χρήματα οὐδὲ τοὺς τόκους, ἀλλ᾽ ἔχουσι τὰ ἡμέτερα καὶ χρῶνται δεύτερον ἔτος: οὐ κατακεκομίκασιν τὴν ναῦν εἰς τὸ ὑμέτερον ἐμπόριον οὐδέπω καὶ νῦν, οὐδ᾽ ἡμῖν παρεσχήκασιν ἐμφανῆ: ἡ δὲ συγγραφὴ κελεύει, ἐὰν μὴ παρέχωσιν ἐμφανῆ τὴν ναῦν, ἀποτίνειν αὐτοὺς διπλάσια τὰ χρήματα, τὴν δὲ πρᾶξιν εἶναι καὶ ἐξ ἑνὸς καὶ ἐξ ἀμφοῖν.
[45] Our claims in the matter, therefore, are few and easy to be remembered. We lent this fellow Dionysodorus and his partner three thousand drachmae for a voyage from Athens to Egypt and from Egypt to Athens; we have not received either principal or interest, but they have kept our money and had the use of it for two years; they have not even to this day brought the ship back to your port, nor produced it plain to see. The agreement, however, declares, that if they fail to deliver up the ship plain to see they shall pay double the amount, and that the money may be recovered from either one or both of them.
[46] ταῦτ᾽ ἔχοντες τὰ δίκαια εἰσεληλύθαμεν πρὸς ὑμᾶς, ἀξιοῦντες τὰ ἡμέτερα αὐτῶν ἀπολαβεῖν δι᾽ ὑμῶν, ἐπειδὴ παρ᾽ αὐτῶν τούτων οὐ δυνάμεθα. ὁ μὲν παρ᾽ ἡμῶν λόγος οὗτός ἐστιν. οὗτοι δὲ δανείσασθαι μὲν ὁμολογοῦσιν καὶ μὴ ἀποδεδωκέναι, διαφέρονται δὲ ὡς οὐ δεῖ τελεῖν αὐτοὺς τοὺς τόκους τοὺς ἐν τῇ συγγραφῇ, ἀλλὰ τοὺς εἰς Ῥόδον, οὓς οὔτε συνεγράψαντο οὔτε ἔπεισαν ἡμᾶς. εἰ μὲν οὖν, ὦ ἄνδρες Ἀθηναῖοι,
[46] These are the just claims with which we have come before you demanding to recover our money through your help, since we cannot get it from these men themselves. Such is the statement of our case. These men, however, while they admit that they borrowed the money and h
ave not paid it back, contend that they are not bound to pay the interest stipulated in the agreement, but the interest as far as Rhodes only, which they made no part of their contract, and to which we have not consented.
[47] ἐν τῷ Ῥοδίων δικαστηρίῳ ἐκρινόμεθα, ἴσως ἂν οὗτοι ἐπλεονέκτουν ἡμῶν, σεσιτηγηκότες πρὸς αὐτοὺς καὶ καταπεπλευκότες τῇ νηὶ εἰς τὸ ἐκείνων ἐμπόριον: νῦν δὲ εἰς Ἀθηναίους εἰσεληλυθότες καὶ συγγραψάμενοι εἰς τὸ ὑμέτερον ἐμπόριον, οὐκ ἀξιοῦμεν ἐλαττωθῆναι ὑπὸ τῶν καὶ ἡμᾶς καὶ ὑμᾶς ἠδικηκότων.
[47] Perhaps, men of Athens, if we were trying the case in a Rhodian court, these men might get the better of us, seeing that they have taken grain to Rhodes and sailed in their ship into that port; as it is, however, since we have come before Athenians and our contract called for a voyage to your port, we hold it right that you should give no advantage to men who have wronged you as well as ourselves.
[48] χωρὶς δὲ τούτων, ἄνδρες Ἀθηναῖοι, μὴ ἀγνοεῖτε, ὅτι νυνὶ μίαν δίκην δικάζοντες νομοθετεῖτε ὑπὲρ ὅλου τοῦ ἐμπορίου, καὶ παρεστᾶσι πολλοὶ τῶν κατὰ θάλατταν ἐργάζεσθαι προαιρουμένων ὑμᾶς θεωροῦντες, πῶς τὸ πρᾶγμα τουτὶ κρίνετε. εἰ μὲν γὰρ ὑμεῖς τὰς συγγραφὰς καὶ τὰς ὁμολογίας τὰς πρὸς ἀλλήλους γιγνομένας ἰσχυρὰς οἴεσθε δεῖν εἶναι καὶ τοῖς παραβαίνουσιν αὐτὰς μηδεμίαν συγγνώμην ἕξετε, ἑτοιμότερον προήσονται τὰ ἑαυτῶν οἱ ἐπὶ τοῦ δανείζειν ὄντες, ἐκ δὲ τούτων αὐξηθήσεται ὑμῖν τὸ ἐμπόριον.
[48] Besides this, men of Athens, you must not forget that, while you are today deciding one case alone you are fixing a law for the whole port, and that many of those engaged in overseas trade are standing here and watching you to see how you decide this question. For if you hold that contracts and agreements made between man and man are to be binding, and show no leniency towards those who transgress them, lenders will be more ready to risk their money, and the business of your port will be increased.
[49] εἰ μέντοι ἐξέσται τοῖς ναυκλήροις, συγγραφὴν γραψαμένοις ἐφ᾽ ᾧ τε καταπλεῖν εἰς Ἀθήνας, ἔπειτα κατάγειν τὴν ναῦν εἰς ἕτερα ἐμπόρια, φάσκοντας ῥαγῆναι καὶ τοιαύτας προφάσεις ποριζομένους οἵαισπερ καὶ Διονυσόδωρος οὑτοσὶ χρῆται, καὶ τοὺς τόκους μερίζειν πρὸς τὸν πλοῦν ὃν ἂν φήσωσιν πεπλευκέναι, καὶ μὴ πρὸς τὴν συγγραφήν, οὐδὲν κωλύσει ἅπαντα τὰ συμβόλαια διαλύεσθαι.
[49] But if shipowners, after engaging in written contracts to sail to Athens, are to be permitted to put their ships into other ports, giving out that they have been disabled, or advancing other pretexts such as these of which Dionysodorus has availed himself, and to reduce the interest in proportion to the length of the voyage which they say they have made instead of paying it according to the agreement, there will be nothing to prevent the voiding of all contracts.
[50] τίς γὰρ ἐθελήσει τὰ ἑαυτοῦ προέσθαι, ὅταν ὁρᾷ τὰς μὲν συγγραφὰς ἀκύρους, ἰσχύοντας δὲ τοὺς τοιούτους λόγους, καὶ τὰς αἰτίας τῶν ἠδικηκότων ἔμπροσθεν οὔσας τοῦ δικαίου; μηδαμῶς, ὦ ἄνδρες δικασταί: οὔτε γὰρ τῷ πλήθει τῷ ὑμετέρῳ συμφέρει τοῦτο οὔτε τοῖς ἐργάζεσθαι προῃρημένοις, οἵπερ χρησιμώτατοί εἰσιν καὶ κοινῇ πᾶσιν ὑμῖν καὶ ἰδίᾳ τῷ ἐντυγχάνοντι. διόπερ δεῖ ὑμᾶς αὐτῶν ἐπιμέλειαν ποιεῖσθαι.
ἐγὼ μὲν οὖν ὅσαπερ οἷός τ᾽ ἦν, εἴρηκα: ἀξιῶ δὲ καὶ τῶν φίλων μοί τινα συνειπεῖν. δεῦρο Δημόσθενες.
[50] For who is going to be willing to risk his money, when he sees that written agreements are of no force, but that arguments such as these prevail and that the claims of wrongdoers take precedence over what is right? Do not permit this, men of the jury, for it is not to the interest of the mass of your people any more than of those engaged in trade, who are a body of men most useful to your public at large and to the individuals who have dealings with them. For this reason you should be careful of their interests.
I, for my part, have said all that I could; but I desire also to have one of my friends speak in my behalf.
Come forward, Demosthenes.
ἔφεσις πρὸς Εὐβουλίδην — AGAINST EUBULIDES
[1] πολλὰ καὶ ψευδῆ κατηγορηκότος ἡμῶν Εὐβουλίδου, καὶ βλασφημίας οὔτε προσηκούσας οὔτε δικαίας πεποιημένου, πειράσομαι τἀληθῆ καὶ τὰ δίκαια λέγων, ὦ ἄνδρες δικασταί, δεῖξαι καὶ μετὸν τῆς πόλεως ἡμῖν καὶ πεπονθότ᾽ ἐμαυτὸν οὐχὶ προσήκονθ᾽ ὑπὸ τούτου. δέομαι δ᾽ ἁπάντων ὑμῶν, ὦ ἄνδρες δικασταί, καὶ ἱκετεύω καὶ ἀντιβολῶ, λογισαμένους τό τε μέγεθος τοῦ παρόντος ἀγῶνος καὶ τὴν αἰσχύνην μεθ᾽ ἧς ὑπάρχει τοῖς ἁλισκομένοις ἀπολωλέναι, ἀκοῦσαι καὶ ἐμοῦ σιωπῇ, μάλιστα μέν, εἰ δυνατόν, μετὰ πλείονος εὐνοίας ἢ τούτου （τοῖς γὰρ ἐν κινδύνῳ καθεστηκόσιν εἰκὸς εὐνοϊκωτέρους ὑπάρχειν）, εἰ δὲ μή, μετά γε τῆς ἴσης. συμβαίνει δέ μοι τὸ μὲν καθ᾽ ἡμᾶς,
[1] Since Eubulides has brought many false charges against me, and has uttered slanders which are neither becoming nor just, I shall try, men of the jury, to prove by a true and fair statement that I am entitled to citizenship, and that I have been unworthily treated by this fellow. I beg you all, men of the jury, and implore and beseech you, that in view of the great importance of the present trial and the shame and ruin which conviction entails, you will hear me, as you have heard my opponent, in silence; indeed that you will listen to me with greater goodwill, if possible, than you have listened to him （for it is reasonable to suppose that you are more favorably disposed to those who stand in peril）, but, if this cannot be, at least with equal goodwill.
[2] ὦ ἄνδρες δικασταί, καὶ τὸ προσήκειν μοι τῆς πόλεως, θαρρεῖν καὶ πολλὰς ἔχειν ἐλπίδας καλῶς ἀγωνιεῖσθαι, τὸν καιρὸν δὲ καὶ τὸ παρωξύνθαι τὴν πόλιν πρὸς τὰς ἀποψηφίσεις φοβεῖσθαι: πολλῶν γὰρ ἐξεληλαμένων δικαίως ἐκ πάντων τῶν δήμων, συγκεκοινωνήκαμεν τῆς δόξης ταύτης οἱ κατεστασιασμένοι, καὶ πρὸς τὴν κατ᾽ ἐκείνων αἰτίαν, οὐ πρὸς τὸ καθ᾽ αὑτὸν ἕκαστος ἀγωνιζόμεθα, ὥστ᾽ ἐξ ἀνάγκης μέγαν ἡμῖν εἶναι τὸν φόβον.
[2] But it so happens, men of the jury, that, although I am of good cheer so far as you are concerned and my right to citizenship and have good hopes of coming through this trial well, yet the occasion alarms me and the temper shown by the state when it has to deal with cases of disfranchisement; for while many ha
ve with justice been expelled from all the demes, we who have been the victims of political rivalry are involved in the prejudice felt toward them and have to combat the charge brought against them, and not merely defend each his own case; so that our alarm is necessarily great.
[3] οὐ μὴν ἀλλὰ καίπερ τούτων οὕτως ἐχόντων, ἃ νομίζω περὶ τούτων αὐτῶν πρῶτον εἶναι δίκαια, ἐρῶ πρὸς ὑμᾶς. ἐγὼ γὰρ οἴομαι δεῖν ὑμᾶς τοῖς μὲν ἐξελεγχομένοις ξένοις οὖσιν χαλεπαίνειν, εἰ μήτε πείσαντες μήτε δεηθέντες ὑμῶν λάθρᾳ καὶ βίᾳ τῶν ὑμετέρων ἱερῶν καὶ κοινῶν μετεῖχον, τοῖς δ᾽ ἠτυχηκόσι καὶ δεικνύουσι πολίτας ὄντας αὑτοὺς βοηθεῖν καὶ σῴζειν, ἐνθυμουμένους ὅτι πάντων οἰκτρότατον πάθος ἡμῖν ἂν συμβαίη τοῖς ἠδικημένοις, εἰ τῶν λαμβανόντων δίκην ὄντες ἂν δικαίως μεθ᾽ ὑμῶν, ἐν τοῖς διδοῦσι γενοίμεθα καὶ συναδικηθείημεν διὰ τὴν τοῦ πράγματος ὀργήν.
[3] Nevertheless, despite these disadvantages, I shall at once tell you what I hold to be right and just about these very matters. In my opinion it is your duty to treat with severity those who are proved to be aliens, who without having either won your consent or asked for it, have by stealth and violence come to participate in your religious rites and your common privileges, but to bring help and deliverance to those who have met with misfortune and can prove that they are citizens; for you should consider how pitiful above all others would be the plight of us whose rights have been denied, if, when we might properly sit with you as those exacting the penalty, we should be numbered with those who pay it, and should unjustly be condemned along with them because of the passion which the subject arouses.