Against Lacritus

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.

The Agreement

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,[*](Towns in the peninsula of Pallenê, in Chalcidicê. Weather conditions would determine which port should be entered.) and thence to Bosporus—or if they so choose, for a voyage to the left parts of the Pontus as far as the Borysthenes,[*](The modern Dnieper.) and thence back to Athens, on interest at the rate of two hundred and twenty-five drachmae on the thousand; but, if they should sail out from Pontus to Hieron[*](This was a place, called Hieron from a temple of Zeus, at the entrance to the Thracian Bosporus on the Asiatic side.) after the rising of Arcturus,[*](About the middle of September. This was considered a perilous season for navigation; hence the higher rate of interest.) at three hundred on the thousand, on the security of three thousand jars of wine of Mendê, which shall be conveyed from Mendê or Scionê in the twenty-oared ship of which Hyblesius is owner.

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,[*](The ten days following the rising of Sirius—July 25 to August 5—were, it was thought, apt to be stormy.) and disembark their goods at a port where the Athenians have no right of reprisals,[*](In such ports Athenian ships would be safe.) and from thence complete their voyage to Athens, let them pay the interest written into the contract the year before.[*](If the return voyage is delayed until the legal year has expired (at the summer solstice) the rate of interest is to remain unchanged.) And if the vessel in which the goods shall be conveyed suffers aught beyond repair, but the security is saved, let whatever is saved be the joint property of the lenders. And in regard to these matters nothing shall have greater effect than the agreement.[*](That is, the terms of the contract shall be absolute. Compare Dem. 35.39.)

Witnesses: Phormio of Peiraeus, Cephisodotus of Boeotia, Heliodorus of Pitthus.[*](Pittus (Pithus) was a deme of the tribe Cecropis.)

Now read the depositions.

The Deposition

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.

The Deposition

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.[*](The noted orator, essayist, and teacher of rhetoric.)

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;