Greek Texts & Translations

33.1The law, men of Athens, ordains that actions for merchants and shipowners shall be before the Thesmothetae ^note if they have been in any way wronged in the market either in connection with a voyage from Athens to any point, or from some other port to Athens; and it fixes imprisonment as the penalty for wrongdoers until such time as they shall have paid the amount adjudged against them, so that no one may lightly do wrong to any merchant. 33.2To those, however, who are brought into court in cases where no contract has been made, the law gives the right to have recourse to a special plea, that no one may bring a baseless or malicious suit, but that actions may be confined to those among the merchants and shipowners who are really wronged. Many defendants in mercantile suits have before now entered special pleas in accordance with this law, and have come before you and proved that their adversaries were making unjust charges and bringing baseless suits under pretence of being engaged in commerce. 33.3Who it is that has conspired with this fellow against me and who has concocted this suit, will become clear to you as my speech goes on. Since, however, Apaturius has made a false charge against me, and is suing me contrary to law, seeing that there had been a release and discharge from all contracts made between him and me, and there exists no other contract made with him by me whether for business by sea or on land, I have entered the special plea that the action is not maintainable, according to the following laws.Laws

33.4That Apaturius, then, has instituted suit against me contrary to these laws and that his charges are false, I shall show you by many proofs. I, men of the jury, have by now been for a long time engaged in foreign trade, and up to a certain time risked the sea in my own person; it is not quite seven years since I gave up voyaging, and, having a moderate capital, I try to put it to work by making loans on adventures overseas. 33.5As I have visited many places and spend my time in your exchange, I know most of those who are seafarers, and with these men from Byzantium I am on intimate terms through having myself spent much time there. My position, then, was such as I have described, when this fellow put into our port with a fellow-countryman of his, named Parmeno, a Byzantine by birth, who was an exile from his country. 33.6The plaintiff and Parmeno came up to me on the exchange and spoke about money. It happened that the plaintiff owed forty minae on his ship, and his creditors were pressing him hard with demands for their money, and were about to board the ship and take possession of it, as his note was overdue. While he was in this embarrassment, Parmeno agreed to give him ten minae, and the plaintiff asked me to contribute thirty minae, charging that the creditors in their eagerness to secure the ship had slandered him on the exchange, that they might seize the ship by putting him in a position where he could not pay. 33.7I happened to have no ready money in hand, but being acquainted with Heracleides, the banker, I persuaded him to lend the money, and to take me as surety. But when now the thirty minae had been procured, Parmeno happened to fall out with the plaintiff. However, seeing that he had agreed to furnish him with ten minae and had already given him three of them, he was compelled on account of the money he had given to pay the remainder as well. 33.8Not wishing, however, for the reason given, to make the loan in his own name, he bade me to arrange it so that things should be as safe as possible for him. So I took over the seven minae from Parmeno, and having had transferred to myself the obligation for the three, which the plaintiff had already received from him, caused a bill of sale to be executed on the ship and the slaves until such time as he should repay me the ten minae, which he had received through me, and also the thirty for which he had made me his surety with the banker. In proof that my words are true, hear the depositions.Depositions

33.9In this way, then, Apaturius here got rid of his creditors. Not long after this, the bank having failed, and Heracleides for a time having gone into hiding, the plaintiff schemed to send the slaves from Athens, and to remove the ship from the harbor. This was the cause of my first quarrel with him. For Parmeno, learning of the fact, laid hands on the slaves as they were being taken away, and prevented the sailing of the ship; then he sent for me, and told me of the affair. 33.10When I heard him, thinking this fellow a most impious wretch because of his attempt, I set about considering how I might myself get free from my guaranty to the bank, and how the foreigner ^note might avoid the loss of the money he had lent this fellow through me. After stationing men to guard the ship I told the whole story to the sureties of the bank and turned the security over to them, telling them that the foreigner had a lien of ten minae on the ship. Having arranged this, I attached the slaves, in order that, if any shortage occurred, the deficiency might be made up by the proceeds of their sale.