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;

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.