Against Lacritus

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[*](The κεράμιον held about six gallons.) of wine, giving out that they possessed security for thirty minae more, so that the price of the wine would amount to a talent of money, including the expenses to be incurred in the stowage of the wine; and that these three thousand jars were to be conveyed to Pontus in the twenty-oared ship, of which Hyblesius was owner.

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.

The Deposition

Erasicles deposes that he was pilot of the ship of which Hyblesius was owner, and that to his knowledge Apollodorus[*](Perhaps a bit of carelessness on the part of the writer of this spurious deposition. In Dem. 34.16 we are told that it was Artemo who was to sail with the cargo.) was conveying in the ship four hundred and fifty jars of Mendaean wine, and no more; and that Apollodorus conveyed no other cargo in the ship to Pontus.

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[*](Affidavits, taken down in writing in the presence of witnesses appointed for the purpose, and verified by them under oath, were accepted as evidence when the individuals could not be present in person.) were submitted by Archiades, son of Mnesonidas,of Acharnae, Sostratus, son of Philip, of Histiaea, Eumarichus, son of Euboeus, of Histiaea, Philtiades, son of Ctesias, of Xypetê, and Dionysius, son of Democratides, of Cholleidae.[*](Acharnae was a deme of the tribe Oeneïs, Xypetê a deme of the tribe Cecropis, and Cholleidae a deme of the tribe Aegeis.)

In regard, then, to the quantity of wine which it was their duty to put on board the ship that was what they contrived to do; and from this point they began from its very first clause to violate the agreement and to fail to perform what it required. The next clause that stands written in the agreement states that they pledge these goods free from all encumbrances; that they owe nothing to anyone upon them; and that they will not secure further loans upon them from anyone.

This is expressly stated, men of the jury. But what have these men done? Disregarding the terms of the agreement they borrow money from a certain youth, whom they deceived by stating that they owed nothing to anybody. Thus they cheated us, and without our knowledge borrowed money upon our security, and they also deceived that young man who lent them the money by alleging that the goods upon which they borrowed from him were unencumbered. Such are the rascalities of these men, and they are all clever devisings of this man Lacritus.

To prove that I am speaking the truth and that they did borrow additional sums contrary to the agreement, the clerk shall read you the deposition of the man himself who made the additional loan.

Read the deposition.

The Deposition

Aratus of Halicarnassus deposes that he lent to Apollodorus eleven minae in silver on the merchandise which he was conveying in the ship of Hyblesius to Pontus, and on the goods purchased there as a return cargo; and that he was unaware that the defendant had borrowed money from Androcles; for otherwise he would not himself have lent the money to Apollodorus.

Such are the rascalities of these men. But after this it stands written in the agreement, men of the jury, that when they should have sold in Pontus the goods which they brought thither, they should purchase with the proceeds other goods as a return cargo, and should bring this return cargo back to Athens; and that when they should have reached Athens, they should within twenty days repay us in certified coin[*](Certified, that is, as to weight and fineness. Tampering with gold and silver coins seems not to be a merely modern device.); and that pending the payment we should have control of the goods, and that they should deliver them to us in their entirety until we should get back our money.