Greek Texts & Translations

To prove that I am speaking the truth and that they did borrow additional sums contrary to the agreement, the clerk shall read you the deposition of the man himself who made the additional loan.

35.23Read the deposition.Deposition

Aratus of Halicarnassus deposes that he lent to Apollodorus eleven minae in silver on the merchandise which he was conveying in the ship of Hyblesius to Pontus, and on the goods purchased there as a return cargo; and that he was unaware that the defendant had borrowed money from Androcles; for otherwise he would not himself have lent the money to Apollodorus.

35.24Such are the rascalities of these men. But after this it stands written in the agreement, men of the jury, that when they should have sold in Pontus the goods which they brought thither, they should purchase with the proceeds other goods as a return cargo, and should bring this return cargo back to Athens; and that when they should have reached Athens, they should within twenty days repay us in certified coin ^note; and that pending the payment we should have control of the goods, and that they should deliver them to us in their entirety until we should get back our money. 35.25These terms stand written thus precisely in the agreement. But these people, men of the jury, have here shown most strikingly their own insolence and shamelessness, and that they paid not the slightest heed to the terms written in the agreement; but regarded the agreement as mere trash and nonsense. For they neither purchased any other goods in Pontus nor took on board any return cargo to be conveyed to Athens; and we who had lent the money, when these men themselves returned from Pontus, had nothing which we could lay hold of or keep in possession until we should recover our money; for these men brought nothing whatsoever into your harbor. Nay, we have suffered the most unheard-of treatment, men of the jury. 35.26In our own city, without ourselves having committed any wrong, or having had judgement rendered against us in their favor, we have been robbed of our own possessions by these men who are Phaselites, just as if rights of reprisal had been given to Phaselites against Athenians. ^note For when they refuse to pay back what they received, what other name can one give to such people, than that they take by force the goods of others? For my own part, I have never heard of a more abominable act than that which these men have committed in relation to us, and that, too, while admitting that they received the money from us. 35.27For whereas all clauses in contracts which are open to dispute require a judicial decision, men of the jury, those on the contrary which are admitted by both the contracting parties, and concerning which there exist maritime agreements, are held by all men to be final; and the parties are bound to abide by what is written. That these men, however, have fulfilled not a single one of the provisions of the agreement, but that from the very first they meditated fraud and purposed dishonest action has been thus clearly proven against them by the depositions of witnesses and by themselves.

35.28You must now hear the most outrageous thing which this fellow Lacritus has done; for it was he who managed the whole affair. When they arrived here they did not put into your port, but came to anchor in Thieves' Harbor, ^note which is outside of the signs marking your port; and to anchor in Thieves' Harbor is the same as if one were to anchor in Aegina or Megara; for anyone can sail forth from that harbor to whatever point he wishes and at any moment he pleases. 35.29Well, their vessel lay at anchor there for more than twenty-five days, and these men walked about in your sample-market. ^note We on our part talked to them and bade them see to it that we received our money back as soon as possible; and they agreed, and said they were trying to arrange that very thing. While we thus approached them, we at the same time kept an eye on them to see whether they disembarked anything from the ship, or paid any harbor-dues. ^note 35.30But when they had been in town a good many days, and we found that nothing had been disembarked from the ship, nor had any harbor-dues been paid in their name, we began from then on to press them more and more with our demands. And when we made ourselves burdensome to them, this fellow Lacritus, the brother of Artemo, answered that they would be unable to pay us, for all their goods were lost; and Lacritus declared he could make out a good case in the matter. ^note 35.31We, men of the jury, were indignant at these words, but we gained nothing by our indignation, for these men cared not a fig for it. Nevertheless we asked them in what way the goods had been lost. This man, Lacritus, said that the ship had been wrecked while sailing along the coast from Panticapaeum to Theodosia, ^note and that in the wreck of the vessel the goods of his brothers which were at the time on board were lost; there was on board salt fish, Coan wine, and sundry other things; this, they said, had been put on board as a return cargo, and they had intended to bring it to Athens, had it not been lost in the ship.