Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 56.35 Dem. 56.43 (Greek) >>Dem. 56.50

56.40This is an important point, men of Athens. Just observe the extravagance of his statement. The ship was disabled, so he says, and for this reason he brought her into the port of Rhodes. Well, then, after that she was repaired and became fit for sea. Why, then, my good fellow, did you send her off to Egypt and to other ports, but have never up to this day sent her back to Athens, to us your creditors, to whom the agreement requires you to produce the ship, plain to see and unimpaired, and that too although we made demand upon you again and again and challenged you to do so? 56.41No; you are so bold or rather so impudent, that, while under the agreement you owe us double the amount of our loan, you do not see fit to pay us even the accrued interest, but bid us accept interest as far as Rhodes, as if your command ought to prove of more force than the agreement; and you have the insolence to declare that the vessel did not arrive safe at the Peiraeus; for which you might with justice be condemned to death by the jurors. 56.42For who other than this fellow is to blame, men of the jury, if the ship did not arrive safe at the Peiraeus? Are we to blame, who lent our money expressly for a voyage to Egypt and to Athens, or is it the fault of this fellow and his partner, who after borrowing money on these terms, that the vessel should return to Athens, then took her to Rhodes? And that they did this of their own will and not of necessity is clear on many grounds. 56.43For if what occurred took place against their will, and the ship was really disabled, afterwards, when they had repaired the ship, they would surely not have let her for a voyage to other ports, but would have despatched her to Athens to make amends for the involuntary accident. As it is, however, they have not only made no amends, but to their original wrongdoings they have added others greater far, and have come here to contest the suit as it were in a spirit of mockery, assuming that it will rest with them, if you give judgement against them, merely to pay the principal and interest. 56.44Do not you, then, men of Athens, suffer men of this stamp to have their own way, nor allow them to ride on two anchors, with the hope that, if they are successful, they will retain what belongs to others, and if they are not able to hoodwink you, they will merely pay the bare amount which they owe; but inflict upon them the penalties provided in the agreement. For it would be an outrageous thing, when these men have themselves in writing imposed upon themselves a penalty of double the amount, if they commit any breach of the agreement, that you should be more lenient toward them; especially when you have yourselves been wronged no less than we.

56.45Our claims in the matter, therefore, are few and easy to be remembered. We lent this fellow Dionysodorus and his partner three thousand drachmae for a voyage from Athens to Egypt and from Egypt to Athens; we have not received either principal or interest, but they have kept our money and had the use of it for two years; they have not even to this day brought the ship back to your port, nor produced it plain to see. The agreement, however, declares, that if they fail to deliver up the ship plain to see they shall pay double the amount, and that the money may be recovered from either one or both of them. 56.46These are the just claims with which we have come before you demanding to recover our money through your help, since we cannot get it from these men themselves. Such is the statement of our case. These men, however, while they admit that they borrowed the money and have not paid it back, contend that they are not bound to pay the interest stipulated in the agreement, but the interest as far as Rhodes only, which they made no part of their contract, and to which we have not consented. 56.47Perhaps, men of Athens, if we were trying the case in a Rhodian court, these men might get the better of us, seeing that they have taken grain to Rhodes and sailed in their ship into that port; as it is, however, since we have come before Athenians and our contract called for a voyage to your port, we hold it right that you should give no advantage to men who have wronged you as well as ourselves.

56.48Besides this, men of Athens, you must not forget that, while you are today deciding one case alone you are fixing a law for the whole port, and that many of those engaged in overseas trade are standing here and watching you to see how you decide this question. For if you hold that contracts and agreements made between man and man are to be binding, and show no leniency towards those who transgress them, lenders will be more ready to risk their money, and the business of your port will be increased.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 56.35 Dem. 56.43 (Greek) >>Dem. 56.50

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