Greek Texts & Translations

35.44But apart from all this, suppose, by heaven, men of the jury, that the case were reversed,—that it was not this man's dead brother who owed me the money, but that I owed his brother a talent, or eighty minae, or more or less; do you fancy that this fellow, Lacritus, would employ the same language that he now so lavishly uses? Or would say that he is not the heir and has nothing to do with his brother's affairs? Or that he would not exact payment from me mercilessly, as he has from the others who owed anything to the deceased, whether in Phaselis or anywhere else? 35.45And, if any one of us, being defendant in a suit brought by him, had dared to enter a special plea declaring that the action was not one that could be brought into court, I know well that he would have waxed indignant, and would have protested to you, declaring that he was suffering treatment that was outrageous and contrary to law, if anyone voted that his action, being a mercantile one, was not one that could be brought. Then, Lacritus, if you consider this just for yourself, why should it not be just for me? Do not the same laws stand written for us all? And have we not all the same rights in regard to mercantile suits? 35.46But he is a man so vile, so surpassing all human kind in baseness, that he seeks to induce you to vote that this mercantile action cannot be brought when you are now sitting to judge mercantile suits.

What is it you would have, Lacritus? Is it not enough that we should be robbed of the money we lent you but should we also be given over to prison by you, if we do not pay the costs adjudged against us? 35.47Would it not be outrageous, and cruel, and shameful, for you, men of the jury, if those who have lent money in your port for an adventure overseas, and have been defrauded of it, should be led off to prison by those who borrowed and are seeking to evade payment? Is it this, Lacritus, that you would have these gentlemen sanction? But, men of the jury, where are we to obtain justice in the matter of commercial contracts? Before what magistrates, or at what time? Before the Eleven ^note? But they bring into court burglars and thieves and other evil-doers who are charged with capital crimes. Before the Archon ^note? 35.48But it is for heiresses, and orphans, and parents that the Archon is appointed to care. Then before the King-archon ^note? But we are not gymnesiarchs, nor are we indicting anyone for impiety. Or will the Polemarch ^note bring us into court? Yes, for disregard of a patron, or for having no patron. ^note Well then, the Generals ^note are left. But they appoint the trierarchs; they bring no mercantile suits into court. 35.49I, however, am a merchant, and you are the brother and heir of a merchant, who got from me money for a mercantile venture. Before whom, then, should this suit be entered? Tell me, Lacritus; only say what is just and according to law. But there lives no man clever enough to be able to say anything that is just in connection with a case like yours.

35.50It is not in these matters only, men of the jury, that I have suffered outrageous wrongs at the hands of this man Lacritus; for, besides being defrauded of my money, I should have been brought into the gravest danger, so far as his power went, if the agreement made with these men had not come to my aid by bearing witness that I lent the money for a voyage to Pontus and back to Athens. For you know, men of the jury, how severe the law is, if any Athenian transports corn to any other port than the port of Athens, or lends money for use in any market save that of Athens; you know what penalties there are in such cases, and how severe and to be dreaded they are.