Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
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56.28If certain people have remitted anything in your favor, and have been induced on one ground or another to accept interest only as far as Rhodes, does it follow that you are doing no wrong to us, your agreement with whom you have broken in having your ship put into Rhodes? I do not think so. For this jury is not now deciding upon concessions made to you by others, but upon an agreement entered into by you yourself with us. For that the remission of the interest, supposing that it actually took place, as these men allege, was to the advantage of the creditors, is plain to every one of you. 56.29For those who lent their money to these men for the outward voyage from Egypt to Athens, when they reached Rhodes and this man put into that port, suffered no loss, I take it, by remitting the interest and receiving the amount of their loan at Rhodes, and then putting the money to work again for a voyage to Egypt. No; this was more to their advantage than to continue the voyage to this port. 56.30For voyaging from Rhodes to Egypt is uninterrupted, and they could put the same money to work two or three times, whereas here they would have had to pass the winter and to await the season for sailing. These creditors therefore have reaped an additional profit, and have not remitted anything to these men. With us, however, it is not a question of the interest merely, but we are unable to recover even our principal.

56.31Do not, then, listen to him, when he seeks to hoodwink you, and brings before you his transactions with other creditors, but refer him to the agreement and to the rights growing out of it. It remains for me to interpret this matter for you, and the defendant insists upon this very thing, stating that the agreement requires him to repay the loan only if the ship arrives safe. We also maintain that this should be so. 56.32But I should be glad to ask you yourself, Dionysodorus, whether you are speaking of the ship as having been lost, or as having arrived safe. For if the ship has been wrecked and is lost, why do you keep on disputing about the interest and demanding that we accept interest as far as Rhodes? For in that case we have not the right to recover either interest or principal. But if the ship is safe and has not been wrecked, why do you not pay us the money which you agreed to pay? 56.33In what way, men of Athens, can you be most convincingly assured that the ship has reached port safe? In the first instance by the mere fact that she is now at sea, and less clearly by the statements made by these men themselves. For they ask us to accept payment of the principal and a certain portion of the interest, thus implying that the ship has reached port safe, but has not completed her entire voyage. 56.34Now consider, men of Athens, whether it is we who are abiding by the requirements of the contract, or whether it is these men, who have sailed, not to the port agreed upon, but to Rhodes and Egypt, and who, when the ship has reached port safe and has not been lost, claim to be entitled to an abatement of the interest, although they have broken the agreement, and have themselves made a large profit by the carrying of grain to Rhodes, and by keeping and making use of our money for two years. 56.35What they are doing is indeed an unheard-of thing. They offer to pay us the principal of our loan, thus implying that the ship has reached port safe, but they claim the right to rob us of our interest on the ground that she has been wrecked. The agreement, however, does not say one thing about the interest and another about the principal of the loan, but our rights are the same for both and our means of recovery the same.

56.36Please read the agreement again.Agreement

From Athens to Egypt and from Egypt to Athens.

You hear, men of Athens. It says “From Athens to Egypt and from Egypt to Athens.”

Read the rest.Agreement

And if the ship arrives safe at Peiraeus . . .



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 56.23 Dem. 56.32 (Greek) >>Dem. 56.40

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