Trapeziticus

The questions in dispute between ourselves, men of the jury, had been settled in this manner; but Menexenus was so enraged because of the charge which Pasion had brought against him also, that he brought an action for libel against him and demanded the surrender of Cittus, asking that Pasion, if guilty of falsification, should suffer the same penalty which he himself would have incurred for the same acts. And Pasion, men of the jury, begged me to appease Menexenus, saying it would be of no advantage to himself if, after having sailed to the Pontus, he should pay the money in accordance with the terms of the agreement, and then should all the same be made a laughing-stock in Athens;

for the slave, if put to the torture, would testify to the truth of everything. I for my part, however, asked him to take any action he pleased as to Menexenus, but to carry out his agreements with me. At that time he was in a humble mood, for he did not know what to do in his plight. For not only was he in a state of fear in regard to the torture and the impending suit, but also with respect to the memorandum, lest Menexenus should obtain possession of it.

And being embarrassed and finding no other means of relief, he bribed the slaves of the alien Pyron and falsified the memorandum which Satyrus was to receive in case he did not come to an agreement with me. No sooner had he accomplished this than he became the most impudent of all men and declared that he would not sail with me to the Pontus and that no contract at all existed between us, and he demanded that the memorandum be opened in the presence of witnesses. Why need I say more to you, men of the jury? For it was discovered to have been written in the memorandum that Pasion was released of all claims on my part!

Well, all the facts in the case I have told you as accurately as I could. But I think, men of the jury, that Pasion will base his defense on the falsified memorandum, and will especially rely on its contents. Do you, therefore, give your attention to me; for I think that from these very contents I shall reveal to you his rascality.

Consider the matter first in this way. When we gave to the alien, Pyron, the agreement by which Pasion, as he claims, is released from my demands, but as I contend, I was to have received back the gold from him, we bade the alien, in case we arrived at an understanding with each other, to burn the memorandum; otherwise, to give it to Satyrus, and that this was stated both of us agree.

And yet, men of the jury, what possessed us to stipulate that the memorandum should be given to Satyrus in case of our failure to come to terms, if Pasion had already been freed of my claims and our business had been concluded? On the contrary, it is clear that we had made this agreement because there yet remained matters which Pasion had to settle with me in accordance with the memorandum.

In the next place, men of the jury, I can give you the reasons why he agreed to repay me the gold; for when we had been cleared of the false accusations lodged with Satyrus, and Pasion had been unable to spirit away Cittus, who had knowledge of my deposit, he understood that

if he should deliver his slave to torture, he would be convicted of an act of rascality, and, on the other hand, if he failed to do so, he would lose his case[*](The refusal by an accused master to submit his slave for testimony under torture was used by an adversary as practically a confession of guilt; cf. Antiph. 5.38 and Antiph. 6.27.); he wished, therefore, to reach a settlement with me in person. Bid him show you what gain I had in view, or what danger I feared, that I dropped my charges against him. But if he can show you nothing of the kind, would you not with greater justice trust me rather than him in the matter of the memorandum?

Furthermore, men of the jury, this too is easy for all to see—that whereas I, the plaintiff, if I distrusted the sufficiency of my proofs, could drop the prosecution even without entering into any agreement, yet Pasion, on account both of the examination of his slave under torture and the suits lodged with you, could not possibly free himself from his risks when he wished except by gaining the consent of me, the complainant. In consequence, I was not obliged to make an agreement about the dismissal of my charges, but it was necessary for him to do so about the repayment of my money.

Besides, it would have been a preposterous state of affairs if, before the memorandum had been drawn up, I should have had so little confidence in my case as not only to drop the charges against Pasion, but also to make an agreement concerning these charges and, after I had drawn up such written proof against myself, should then have desired to bring the case before you. And yet who would plan so foolishly in regard to his own interests?

But here is the strongest proof of all that in the agreement Pasion was not absolved from his debt, but on the contrary had agreed to repay the gold: when Menexenus lodged his suit against him, which was before the memorandum had been tampered with, Pasion sent Agyrrhius[*](An influential man in public affairs; cf. Andoc. 1.133.), a friend of both of us, to beg that I either appease Menexenus or annul the agreement I had made with himself.

And yet, men of the jury, do you think that he would desire the annulment of this agreement, which he could use to convict us of falsehood? At any rate, this was not what he was saying after they had altered the memorandum; on the contrary, in all details he appealed to the agreement and ordered the memorandum to be opened. In proof that Pasion at first was eager for the suppression of the agreement I will produce Agyrrhius himself as witness. Please take the stand.

Testimony

So then, the fact that we made the agreement, not as Pasion will try to explain, but as I have related to you, I think has been sufficiently established. And it should not occasion surprise, men of the jury, that he falsified the memorandum, not only for the reason that there have been numerous frauds of such nature, but because some of Pasion's friends have been guilty of conduct far worse. For instance, is there anyone who is ignorant that Pythodorus, called “the shop-keeper,”[*](Cf. Dem. 54.7.) whose words and acts are all in Pasion's interest, last year opened the voting-urns[*](These contained the names of those who had been nominated as possible judges of the dramatic contests of the festival of Dionysus.) and removed the ballots naming the judges which had been cast by the Council?

And yet when a man who, for petty gain and at the peril of his life, has the effrontery to open secretly the urns that had been stamped by the prytanes[*](The Prytanes (Presidents), a committee of 50, one-tenth part of the Council of 500, managed for one-tenth of the year the affairs of the Council and of the Assembly.) and sealed by the choregi,[*](The Choregi were well-to-do Athenians, who were chosen to defray the costs of bringing out the choruses in the dramatic festivals.) urns that were guarded by the treasurers and kept on the Acropolis, why should there be surprise that men, who hoped to make so great a profit, falsified an insignificant written agreement in the possession of a foreigner, gaining their ends either by the bribery of his slaves or by some other means in their power? On this point, however, I do not know what more I need say.

Already Pasion has tried to persuade certain persons that I had no money at all here, asserting that I had borrowed three hundred staters[*](The stater was a coin of a certain weight. The Persian gold stater, or daric, was worth a little more than a pound sterling. These were probably Cyzicene staters of Asia Minor.) from Stratocles. It is worth while, therefore, that you should hear me also on these matters, in order that you may understand how flimsy is the proof which encourages him to try to defraud me of my money. Now, men of the jury, when Stratocles was about to sail for Pontus, I, wishing to get as much of my money out of that country as possible, asked Stratocles to leave with me his own gold and on his arrival in Pontus to collect its equivalent from my father there,

as I thought it would be highly advantageous not to jeopardize my money by the risks of a voyage, especially as the Lacedaemonians were then masters of the sea. For Pasion, then, I do not think that this is any indication that I had no money here; but for me my dealings with Stratocles will constitute the strongest proof that I had gold on deposit with Pasion.

For when Stratocles inquired of me who would repay him in case my father failed to carry out my written instructions, and if, on his return, he should not find me here, I introduced Pasion to him, and Pasion himself agreed to repay him both the principal and the accrued interest. And yet if Pasion had not had on deposit some money belonging to me, do you think he would so readily have become my guarantor for so large a sum? Witnesses, please take the stand.

Perhaps, men of the jury, he will present witnesses to you who will testify that I also denied, in the presence of the agents of Satyrus, that I possessed any money except that which I surrendered to them, and that he himself was laying claim to my money on my own confession that I owed him three hundred drachmas, and also that I had allowed Hippoladas, my guest and friend, to borrow from him.[*](This is cited to indicate that the speaker had no means himself from which to make the loan to his friend.)

As for me, men of the jury, since I was involved in the difficulties which I have related to you, deprived of all I had at home and under compulsion to surrender what I had here to the envoys from Pontus, and finding myself without any means unless I could secretly retain in my possession the money on deposit with Pasion, I did, I admit, acknowledge a debt due him of three hundred drachmas and that in other respects I behaved and spoke in a manner which I thought would best persuade them that I possessed nothing.

And that these things were done by me, not because of lack of funds, but that the parties in Pontus might believe that to be the case, you will readily learn. I will present to you first those who knew that I had received much money from Pontus; next, those who saw me as a patron of Pasion's bank, and, besides, the persons from whom at that time I bought more than a thousand gold staters.