Greek Texts & Translations

This action I commenced, men of Athens, basing my complaint upon nothing else than the report of Lampis, who denied that Phormio had put the goods on board the ship or that he himself had received the money. Do not imagine that I am so senseless, so absolutely crazy, as to have drawn up a complaint like this, if Lampis (whose words would prove my contention false) admitted that he had received the money.

34.17More than this, men of Athens, note another fact. These very men entered a special plea last year, but dared not assert in their plea that they had paid the money to Lampis.

Now, pray take the plea itself.Special Plea

You hear, men of Athens. Nowhere in the plea is it stated that Phormio had paid the money to Lampis, though I had expressly written in the complaint, which you heard a moment ago, that Phormio had not put the goods on board the ship nor paid the money. For what other witness, then, should you wait, when you have so significant a piece of evidence from these men themselves?

34.18When the suit was about to come into court, they begged us to refer it to an arbitrator; and we referred it by agreement to Theodotus, a privileged alien ^note Lampis after that, thinking that it would now, before an arbitrator, be safe for him to testify just as he pleased, divided my money with this fellow Phormio, and then gave testimony the very opposite of what he had stated before. 34.19For it is not the same thing, men of Athens, to give false testimony while face to face with you and to do so before an arbitrator. With you heavy indignation and severe penalty await those who bear false witness; but before an arbitrator they give what testimony they please without risk and without shame. When I expostulated and expressed strong indignation, men of Athens, at the effrontery of Lampis, 34.20and produced before the arbitrator the same testimony as I now produce before you—that, namely, of the persons who at the first went to him with me, when he stated that he had not received the money from Phormio, and that Phormio had not put the goods on board the ship—Lampis, being so plainly convicted of bearing false witness and of playing the rogue, admitted that he had made the statement to my partner here, ^note but declared that he was out of his mind when he made it. Now read me this deposition.Deposition

34.21 ^note Theodotus, men of Athens, after hearing us several times, and being convinced that Lampis was giving false testimony, did not dismiss the suit, but referred us to the court. He was loth to give an adverse decision because he was a friend of this man Phormio, as we afterwards learned, yet he hesitated to dismiss the suit lest he should himself commit perjury.

34.22Now, in the light of the facts themselves, consider in your own minds, men of the jury, what means the man was likely to have for discharging the debt. He sailed from this port without having put the goods on board the ship, and having no adequate security; on the contrary, he had made additional loans on the credit of the money lent by me. In Bosporus he found no market for his wares, and had difficulty in getting rid of those who had lent money for the outward-voyage. 34.23My partner here had lent him two thousand drachmae for the double voyage on terms that he should receive at Athens two thousand six hundred drachmae; but Phormio declares that he paid Lampis in Bosporus one hundred and twenty Cyzicene staters ^note(note this carefully) which he borrowed at the interest paid on loans secured by real property. Now interest on real security was sixteen and two-thirds percent, and the Cyzicene stater was worth there twenty-eight Attic drachmae. 34.24It is necessary that you should understand how large a sum he claims to have paid. A hundred and twenty staters amount to three thousand three hundred and sixty drachmae, and the interest at the land rate of sixteen and two-thirds percent on thirty-three minae and sixty drachmae is five hundred and sixty drachmae, and the total amount comes to so much. ^note 34.25Now, men of the jury, is there a man, or will the man ever be born, who, instead of twenty-six hundred drachmae would prefer to pay thirty minae and three hundred and sixty drachmae, and as interest five hundred and sixty drachmae by virtue of his loan, both which sums Phormio says he has paid Lampis, in all three thousand nine hundred and twenty drachmae? And when he might have paid the money in Athens, seeing that it had been lent for the double voyage, has he paid it in Bosporus, and too much by thirteen minae?