Trapeziticus

In addition to this, when a special tax was imposed upon us and other men than I were appointed registrars, I contributed more than any other foreigner and when I was myself chosen registrar. I subscribed the largest contribution, but I pleaded with my fellow-registrars on behalf of Pasion, explaining that it was my money that he was using. Witnesses, please take the stand.

Witnesses

Pasion himself, moreover—in effect, at least—I will present as corroborating these statements. An information had been laid by a certain party against a trading-ship, upon which I had lent a large sum of money, as belonging to a man of Delos.[*](The speaker had lent money on the cargo of the merchant-man which apparently was denounced as being contraband for some reason.) When I disputed this claim and demanded that the ship put to sea, those who make a business of blackmail so influenced the Council that at first I almost was put to death without a trial; finally, however, they were persuaded to accept bondsmen from me.

And Philip, who was my father's guest-friend, was summoned and appeared, but took to flight in alarm at the magnitude of the danger; Pasion, however, furnished for me Archestratus,[*](The banker Archestratus was the former master of Pasion.) the banker, as surety for seven talents. And yet if he stood to lose but a small sum and had known that I possessed no funds here, surely he would not have become my surety for so large an amount.

But it is obvious that Pasion called in the three hundred drachmas as a favor to me, and that he became my surety for seven talents because he judged that the gold on deposit with him was a sufficient guarantee. That, therefore, I had a large sum of money here and that it was deposited in his bank I have not only proved to you from Pasion's acts but you have also heard it from the others who know the facts.

It seems to me, men of the jury, that you would best decide upon the questions at issue if you should call to mind that period and the situation in which our affairs stood when I sent Menexenus and Philomelus to claim the deposit and Pasion for the first time had the hardihood to deny its existence. You find, in fact, that my father had been arrested and deprived of all his property, and that I was unable, because of the embarrassment in which I found myself, either to remain here or to sail to the Pontus.

And yet, which is the more reasonable supposition—that I, involved in misfortunes so great brought unjust charges against Pasion or that he, because of the magnitude of our misfortunes and the large sum of money involved, was tempted to defraud us? But what man ever went so far in chicanery as, with his own life in jeopardy, to plot against the possessions of others?[*](For the same argument cf. Isoc. 21.14.) With what hope or with what intent would I have unjustly proceeded against Pasion? Was it my thought that, in fear of my influence, he would forthwith give me money? But neither the one nor the other of us was in such a situation.

Or was I of opinion that by bringing the matter to issue in court I should have greater influence with you than Pasion, even contrary to justice—I, who was not even preparing to remain in Athens, since I feared that Satyrus would demand of you my extradition? Or was I going to act so that, without accomplishing anything, I should make a personal enemy of the man with whom, as it happened, of all the inhabitants of Athens, I was on terms of greatest intimacy? Who of you, I ask, would think it right to condemn me as being guilty of such folly and stupidity?

It is also right, men of the jury, that you should note the absurdity and the incredibility of the arguments which Pasion on each occasion undertook to present. For when my situation was such that, even if he acknowledged that he was defrauding me of my money, I could not have exacted the penalty from him, it is then that he accuses me of trying to make unjust claims; but when I had been declared innocent of the slanderous charges lodged with Satyrus and all thought that he would lose his suit, it is then that he says I renounced all claims against him. And yet how could anything be more illogical than this?

But, you may say, perhaps it is on these matters only, and not on the others, that he obviously contradicts himself in both words and deeds. Yet he is the man who, though he alleged that the slave whom he himself had spirited away had been enslaved by us, yet listed this same person in his property-schedule as a slave along with his other servants, and then when Menexenus demanded that this slave give testimony under torture, Pasion brought about his release on the ground that he was a freeman!

Furthermore, while he himself was defrauding me of my deposit, he had the impudence to accuse us of having six talents from his bank. And yet when a man did not hesitate to lie in matters so obvious to everybody, how can he be believed about matters transacted between us two alone?

Finally, men of the jury, although he had agreed to sail to the country of Satyrus and to do whatever he decreed, he deceived me even in this; he refused to sail himself in spite of my frequent solicitations, but sent Cittus instead. On his arrival Cittus alleged that he was a freeman, a Milesian by birth, and that Pasion had sent him to furnish information about the money.

When Satyrus had heard us both, he did not wish to render a decision concerning contracts made in Athens, especially since Pasion was absent and not likely to comply with his decision; but he believed so strongly that I was being wronged that he called together the ship owners[*](Of the Athenian colony at Bosporus.) and asked them to assist me and not suffer me to be wronged. And he wrote a letter to the city of Athens and gave it to Xenotimus, son of Carcinus, for delivery. Please read the letter to the jury.

Although, men of the jury, my claims to justice are so many, I think that the strongest proof that Pasion defrauded me of my money is this—that he refused to surrender for torture the slave who knew about the deposit. And yet, in respect to contracts where banks are concerned, what stronger proof could there be than this? For witnesses certainly we do not use in contracts with banks.[*](Cf. 2)

I see that in private and public causes you judge that nothing is more deserving of belief, or truer, than testimony given under torture, and that while you think it possible to suborn witnesses even for acts which never occurred at all, yet that testimony under torture clearly shows which party is telling the truth.[*](A commonplace; cf. Antiph. 6.25.) Pasion, being aware of this, wished that in this affair you should judge by conjecture rather than know the exact truth. For he certainly would not be able to say that he was likely to be at a disadvantage if torture should be used and that for this reason the surrender of his slave could not reasonably be expected of him.

For you all know that if Cittus spoke against his master, he would likely suffer for the remainder of his life in the most cruel manner at the hands of his master, but that if he held firm in his denials, he would be free and have a share of my money which his master had taken. In spite of the fact that he was to have so great an advantage Pasion, conscious of his guilty deeds, submitted to stand suit and to rest under the other charges, all to prevent any testimony under torture being given in this case!

I therefore ask of you that, keeping these facts in mind, you cast your votes against Pasion and not judge me guilty of a villainy so great, that I, who live in Pontus and possess so large an estate that I am able even to assist others, have come here maliciously to prosecute Pasion and to accuse him of dishonesty in the matter of a deposit made with his bank.

It is right also that you keep in mind both Satyrus and my father, who have always esteemed you above all the other Greeks and frequently in past times, when there was a scarcity of grain and they were sending away empty the ships of other merchants, granted to you the right of export;[*](Cf. Dem. 20.31.) also, in the private contracts in which they are arbiters, you come off not only on even terms but even at an advantage.

You would not reasonably, therefore, consider their letters of little importance. I ask of you, then, both on their behalf and on my own, that you vote in accordance with justice and not count the false assertions of Pasion to be more worthy of belief than my own words.