Greek Texts & Translations

35.6I myself, men of the jury, had not the slightest acquaintance with these men; but Thrasymedes the son of Diophantus, that well-known Sphettian, ^note and Melanopus, his brother, are friends of mine, and we are on the most intimate terms possible. These men came up to me with Lacritus here, whose acquaintance they had made in some way or other—how, I do not know,— 35.7and asked me to lend money to Artemo, this man's brother, and to Apollodorus for a voyage to Pontus, that they might be engaged in a trading enterprise. Thrasymedes like myself knew nothing of the rascality of these people, but supposed them to be honorable men and such as they pretended and declared themselves to be; and that they would do all that they promised and that this fellow Lacritus undertook that they should do. 35.8He was utterly deceived, and had no idea what monsters these men were with whom he was associating. I allowed myself to be persuaded by Thrasymedes and his brother, and upon the assurance given me by this Lacritus, that his brothers would do everything that was right, I, with the help of a Carystian, ^note who was a friend of mine, lent thirty minae in silver. 35.9I wish you first, men of the jury, to hear the agreement in accordance with which we lent the money, and the witnesses who were present when the loan was made; after that I shall take up the remaining features of the case, and show you how like burglars they acted in the matter of this loan.

Read the agreement, and then the depositions. 35.10Agreement

Androcles of Sphettus and Nausicrates of Carystus lent to Artemo and Apollodorus, both of Phaselis, three thousand drachmae in silver for a voyage from Athens to Mendê or Scionê, ^note and thence to Bosporus—or if they so choose, for a voyage to the left parts of the Pontus as far as the Borysthenes, ^note and thence back to Athens, on interest at the rate of two hundred and twenty-five drachmae on the thousand; but, if they should sail out from Pontus to Hieron ^note after the rising of Arcturus, ^note at three hundred on the thousand, on the security of three thousand jars of wine of Mendê, which shall be conveyed from Mendê or Scionê in the twenty-oared ship of which Hyblesius is owner. 35.11They give these goods as security, owing no money upon them to any other person, nor will they make any additional loan upon this security; and they agree to bring back to Athens in the same vessel all the goods put on board in Pontus as a return cargo; and, if the goods are brought safe to Athens, the borrowers are to pay to the lenders the money due in accordance with the agreement within twenty days after they shall have arrived at Athens, without deduction save for such jettison as the passengers shall have made by common agreement, or for money paid to enemies; but without deduction for any other loss. And they shall deliver to the lenders in their entirety the goods offered as security to be under their absolute control until such time as they shall themselves have paid the money due in accordance with the agreement. 35.12And, if they shall not pay it within the time agreed upon, it shall be lawful for the lenders to pledge the goods or even to sell them for such price as they can get; and if the proceeds fall short of the sum which the lenders should receive in accordance with the agreement, it shall be lawful for the lenders, whether severally or jointly, to collect the amount by proceeding against Artemo and Apollodorus, and against all their property whether on land or sea, wheresoever it may be, precisely as if judgement had been rendered against them and they had defaulted in payment. 35.13And, if they do not enter Pontus, but remain in the Hellespont ten days after the rising of the dogstar, ^note and disembark their goods at a port where the Athenians have no right of reprisals, ^note and from thence complete their voyage to Athens, let them pay the interest written into the contract the year before. ^note And if the vessel in which the goods shall be conveyed suffers aught beyond repair, but the security is saved, let whatever is saved be the joint property of the lenders. And in regard to these matters nothing shall have greater effect than the agreement. ^note

Witnesses: Phormio of Peiraeus, Cephisodotus of Boeotia, Heliodorus of Pitthus. ^note