Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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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? 34.26And to the creditors who lent money for the outward voyage you had difficulty in paying the principal, though they sailed with you and kept pressing you for payment; yet to this man who was not present, you not only returned both principal and interest, but also paid the penalties arising from the agreement note though you were under no necessity of doing so? 34.27And you had no fear of those men, to whom their agreements gave the right of exacting payment in Bosporus, but declare that you had regard for the claims of my partner, though you wronged him at the outset by not putting on board the goods according to your agreement in setting out from Athens? And now that you have come back to the port where the loan was made, you do not hesitate to defraud the lender, though you claim to have done more than justice required in Bosporus, where you were not likely to be punished? 34.28All other men who borrow for the outward and homeward voyage, when they are about to set sail from their several ports, take care to have many witnesses present, and call upon them to attest that the lender's risk begins from that moment note; but you rely upon the single testimony of the very man who is your partner in the fraud. You did not bring as a witness my slave who was in Bosporus or my partner, nor did you deliver to them the letters which we gave into your charge, and in which were written instructions that they should keep close watch on you in whatever you might do! 34.29Why, men of Athens, what is there which a man of this stamp is not capable of doing, who, after receiving letters, did not deliver them in due and proper course? Or how can you fail to see that his own acts prove his guilt? Surely (O Earth and the Gods) when he was paying back so large a sum, and more than the amount of his loan, it was fitting that he should make it a much talked of event on the exchange and to invite all men to be present; but especially the servant and partner of Chrysippus. 34.30For you all know, I fancy, that men borrow with few witnesses, but, when they pay, they take care to have many witnesses present, that they may win a reputation for honesty in business dealings. But in your case, when you were paying back both the debt and the interest on both voyages, though you had used the money for the outward voyage only, and were adding thirteen minae besides, should you not have caused many witnesses to be present? Had you done so, there is not a single merchant who would have been held in higher esteem than you. 34.31But, as it was, instead of securing many witnesses to these acts you did everything you could that none should know, as though you were committing some crime! Again, had you been making payment to me, your creditor, in person, there would have been no need of witnesses, for you would have taken back the agreement and so got rid of the obligation; whereas in making payment, not to me, but to another on my behalf, and not at Athens but in Bosporus, when your agreement was deposited at Athens and with me, and when the man to whom you paid the money was mortal and about to undertake a voyage over such a stretch of sea, you called no one as a witness, whether slave or freeman. 34.32Yes, he says, for the agreement bade me pay the cash to the shipowner. note But it did not prevent you from summoning witnesses, or from delivering the letters! The parties here present note drew up two agreements with you in the matter of the loan, showing that they greatly distrusted you, but you assert that without a single witness you paid the gold to the shipowner, although you well know that an agreement against yourself was deposited at Athens with my colleague here!

34.33He says that the agreement bids him pay back the money, “when the ship reaches port in safety.” Yes, and it bids you also to put on board the ship the goods purchased, or else to pay a fine of five thousand drachmae. You ignore this clause in the agreement, but after having from the first violated its provisions by failing to put the goods on board, you raise a dispute about a single phrase in it, though you have by your own act rendered it null and void. For when you state that you did not put the goods on board in Bosporus, but paid the cash to the shipowner, why do you still go on talking about the ship? For you have had no share in the risk, since you put nothing on board.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 34.17 Dem. 34.28 (Greek) >>Dem. 34.37

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