Against Zenothemis
Demosthenes
Demosthenes. Vol. IV. Orations, XXVII-XL. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1936 (printing).
For Protus, so long as he thought to get a profit for himself from the grain by going, clung to it, and chose rather to make his profit, and to render to us what was our due, than to make common cause with these men, sharing with them the advantage gained and doing us an injury. But when, after he had come back here and was negotiating about these matters, grain fell in price, he straightway changed his mind.
At the same time (for, men of Athens, the whole truth shall be told you), we on our part, who had made the loan, came to a quarrel and felt bitter against him (for the loss on the grain was falling on us), and charged that he had secured for us this pettifogging scoundrel instead of our money. After this, being manifestly none too honest by nature, he went over to their side, and agreed to let judgement go by default in the suit which Zenothemis had brought against him before they had come to an agreement with one another.
For, if he had dropped his suit against Protus, it would have been made clear at once that his action against us was a malicious one, and Protus would not consent to have judgement given against him while he was here present, in order that, if they should do for him what they had agreed—well and good; but, if not, he might have the judgement by default set aside. But why speak of all this? If Protus really did what Zenothemis here has written in his complaint, he justly deserves, as it seems to me at least, not merely to have judgement given against him, but to be put to death. For if in danger and tempest he drank so much wine as to be like a madman, what punishment does he not deserve to suffer?
Or, if he stole documents, or secretly broke the seals? However, the facts regarding all these things you will determine in your own minds; but, Zenothemis, do not mix up that action with mine. If Protus has wronged you in word or deed, you have, it seems, had satisfaction. No one of us sought to hinder you, or now begs for leniency for him. If you have brought a baseless charge against him, that is no affair of ours. Ah, but the fellow has disappeared.
Yes; thanks to you, who wished to deprive us of his testimony, and to be able yourselves to say against him whatever you please. For if the judgement by default had not been of your own contriving, you would at the same time have called him before the Polemarch, and have had him put under bail; and, if he had appointed sureties, he would have been forced to remain, or you would have had persons from whom you could recover damages; if he had not given bail, he would have gone to prison.[*](The word οἴκημα, lodging, is used as a euphemism for δεσμωτήριον, prison. Cf. Dem. 56.4)
But, as it is, you have made common cause; he thinks that through your help he will escape paying us the deficiency that has come about; and you, through accusing him, hope to get control of my property. Here is a proof of this. I shall summon him as a witness; you, Zenothemis, did not have him put under bail, nor do you now summon him.
There is yet another way in which they hope to deceive and trick you. They will accuse Demosthenes, and will say that I relied upon his help when I put Zenothemis out of possession of the grain, assuming that this charge will be credited because he is an orator and a well-known personage. Demosthenes, men of Athens, is indeed my blood-relation (I swear to you by all the gods that I shall speak the truth),
but when I approached him, and entreated him to be present and to aid me in any way he could, he said to me, Demo, I will do as you bid me; it would be cruel to refuse you. You must, however, consider both your own circumstances and mine. My own position is this: from the time when I first began to speak on public affairs I have not come forward to plead in a single private case, but ---[*](The speech is mutilated at the end, and the concluding words yield no satisfactory sense.)