Against Phormio

Now, men of the jury, is there a man, or will the man ever be born, who, instead of twenty-six hundred drachmae would prefer to pay thirty minae and three hundred and sixty drachmae, and as interest five hundred and sixty drachmae by virtue of his loan, both which sums Phormio says he has paid Lampis, in all three thousand nine hundred and twenty drachmae? And when he might have paid the money in Athens, seeing that it had been lent for the double voyage, has he paid it in Bosporus, and too much by thirteen minae?

And to the creditors who lent money for the outward voyage you had difficulty in paying the principal, though they sailed with you and kept pressing you for payment; yet to this man who was not present, you not only returned both principal and interest, but also paid the penalties arising from the agreement[*](We learn from Dem. 34.33 that the contract entailed a penalty of five thousand drachmae in case a return cargo was not shipped, but of course payment could not have been exacted in Bosporus. The speaker seems to identify the overpayment of one thousand three hundred and twenty drachmae with this penalty; but the overpayment represents almost exactly the amount of the money Lampis had loaned to Phormio, plus the thirty percent interest. It is, of course, possible that the penalty of five thousand drachmae was to be paid if Phormio neither shipped the goods nor paid Lampis, and the lesser sum if payment was made to Lampis without the shipment of a return cargo.) though you were under no necessity of doing so?

And you had no fear of those men, to whom their agreements gave the right of exacting payment in Bosporus, but declare that you had regard for the claims of my partner, though you wronged him at the outset by not putting on board the goods according to your agreement in setting out from Athens? And now that you have come back to the port where the loan was made, you do not hesitate to defraud the lender, though you claim to have done more than justice required in Bosporus, where you were not likely to be punished?

All other men who borrow for the outward and homeward voyage, when they are about to set sail from their several ports, take care to have many witnesses present, and call upon them to attest that the lender’s risk begins from that moment[*](That is, from the moment of sailing.); but you rely upon the single testimony of the very man who is your partner in the fraud. You did not bring as a witness my slave who was in Bosporus or my partner, nor did you deliver to them the letters which we gave into your charge, and in which were written instructions that they should keep close watch on you in whatever you might do!