The Phaselites,
They consider that, if they pay their debts, it is like having lost something of their own private property, and, instead of paying, they invent sophisms, and special pleas, and pretexts; and are the most unprincipled and dishonest of men. Here is a proof of this. Out of the hosts of people, both Greeks and barbarians, who frequent your exchange, the Phaselites alone have more lawsuits, whenever the courts sit,
But I, men of the jury, lent money to Artemo, this fellow’s brother, in accordance with the commercial laws for a voyage to Pontus and back. As he died before having repaid me the money I have brought this suit against Lacritus here in accordance with the same laws under which I made the contract,
since he is the brother of Artemo and has possession of all his property, both all that he left here and all that he had at Phaselis, and is the heir to his whole estate; and since he can show no law which gives him the right to hold his brother’s property and to have administered it as he pleased, and yet to refuse to pay back money which belongs to others and to say now that he is not the. heir, but has nothing to do with the dead man’s affairs.
Such is the rascality of this fellow, Lacritus; but I beg of you, men of the jury, to give me a favorable hearing in regard to this matter and, if I prove to you that he has wronged us, who lent the money, and you as well, to render us the aid that is our due.
I myself, men of the jury, had not the slightest acquaintance with these men; but Thrasymedes the son of Diophantus, that well-known Sphettian,
and 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.
He 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,
I 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.
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,
They 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.
And, 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.
And, if they do not enter Pontus, but remain in the Hellespont ten days after the rising of the dogstar,
Witnesses: Phormio of Peiraeus, Cephisodotus of Boeotia, Heliodorus of Pitthus.
Now read the depositions.
Archenomides, son of Archedamas, of Anagyrus, deposes that Androcles of Sphettus, Nausicrates of Carystus, and Artemo and Apollodorus, both of Phaselis, deposited articles of agreement with him, and that the agreement is still in custody in his hands.
Read also the deposition of those who were present.
Theodotus, privileged alien, Charinus, son of Epichares, of Leuconium, Phormio, son of Ctephisophon, of Peiraeus, Cephisodotus of Boeotia and Heliodorus of Pitthus depose that they were present when Androcles lent to Artemo three thousand drachmae in silver, and that they know they deposited the agreement with Archenomides of Anagyrus.
In accordance with this agreement, men of the jury, I lent the money to Artemo, this man’s brother, at the request of Lacritus, and upon his engaging that I should receive everything that was my due in accordance with the agreement under which the loan was made. Lacritus himself drew up the agreement and joined in sealing it after it was written; for his brothers were still youngish, in fact mere boys, but he was Lacritus, of Phaselis, a personage of note, a pupil of Isocrates.
It was he who managed the whole matter, and he bade me look to him; for he declared that he would himself do everything that was right for me, and that he would stay in Athens, while his brother Artemo would sail in charge of the goods. At that time, men of the jury, when he wanted to get the money from us, he declared that he was both the brother and the partner of Artemo, and spoke with wondrous persuasiveness;
but, as soon as they got possession of the money, they divided it, and used it as they pleased; while as for the maritime agreement on the terms of which they secured the money, in no matter great or small did they carry out its provisions, as the facts themselves make clear. And in all these things this fellow Lacritus was the prime mover. I shall take up the clauses of the contract one by one, and shall show that in no single instance have these men done what was right.
In the first place it stands written that they borrowed from us thirty minae on three thousand jars
These provisions, men of the jury, stand written in the agreement which you have heard. But instead of three thousand jars, these men did not put even five hundred on board the boat; and instead of having bought the quantity of wine which they should have, they used the money in whatever way they pleased; as for those three thousand jars which the agreement called for, they never meant nor intended to put them on board.
To prove that these statements of mine are true, take the deposition of those who sailed with them in the same ship.
Erasicles deposes that he was pilot of the ship of which Hyblesius was owner, and that to his knowledge Apollodorus
Hippias, son of Athenippus, of Halicarnassus, deposes that he too sailed in the ship of Hyblesius as supercargo of the vessel and that to his knowledge Apollodorus of Phaselis was conveying in the ship from Mendê to Pontus four hundred and fifty jars of Mendaean wine, and no other cargo.
In addition to these, written affidavits