---
title: "Against Dionysodorus · Κατὰ Διονυσοδώρου βλάβης"
author: "Demosthenes"
translator: "Augustus Taber Murray"
languages: [grc, en]
shelf: "Classical Greek"
section: 1 of 1
url: https://scriptura.si/works/demosthenes-against-dionysodorus/1/
cite: "Demosthenes, tr. Augustus Taber Murray, Against Dionysodorus · Κατὰ Διονυσοδώρου βλάβης, section 1. Scriptura (scriptura.si), https://scriptura.si/works/demosthenes-against-dionysodorus/1/"
---

# Against Dionysodorus · Κατὰ Διονυσοδώρου βλάβης

*Demosthenes, tr. Augustus Taber Murray*

A ship loaned to sail to Athens with grain went to Rhodes instead.

> Greek: ed. William Rennie, from the Perseus Digital Library (canonical-greekLit, tlg0014.tlg056, CC BY-SA 4.0).

> English: Augustus Taber Murray, from the Perseus Digital Library (tlg0014.tlg056.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## 1. Sections 1–50

Source: https://scriptura.si/works/demosthenes-against-dionysodorus/1/ · cite a paragraph as https://scriptura.si/works/demosthenes-against-dionysodorus/1/#p-N

[¶0] 1. I am a sharer in this loan, men of the jury. We, who have engaged in the business of overseas trade and put our money in the hands of others, have come to know one thing very clearly: that in all respects the borrower has the best of us. He received the money in cash which was duly acknowledged, and has left us on a scrap of paper which he bought for a couple of coppers, his agreement to do the right thing. We on our part do not promise to give the money, we give it outright to the borrower.

> Greek: 1. κοινωνός εἰμι τοῦ δανείσματος τούτου, ἄνδρες δικασταί. συμβαίνει δʼ ἡμῖν τοῖς τὴν κατὰ θάλατταν ἐργασίαν προῃρημένοις καὶ τὰ ἡμέτερʼ αὐτῶν ἐγχειρίζουσιν ἑτέροις ἐκεῖνο μὲν σαφῶς εἰδέναι, ὅτι ὁ δανειζόμενος ἐν παντὶ προέχει ἡμῶν. λαβὼν γὰρ ἀργύριον φανερὸν καὶ ὁμολογούμενον, ἐν γραμματειδίῳ δυοῖν χαλκοῖν ἐωνημένῳ καὶ βυβλιδίῳ μικρῷ πάνυ τὴν ὁμολογίαν καταλέλοιπε τοῦ ποιήσειν τὰ δίκαια. ἡμεῖς δʼ οὐ φαμὲν δώσειν, ἀλλʼ εὐθὺς τῷ δανειζομένῳ δίδομεν τὸ ἀργύριον.

[¶1] 2. What, then, do we rely upon, and what security do we get when we risk our money? We rely upon you, men of the jury, and upon your laws, which ordain that all agreements into which a man voluntarily enters with another shall be valid. But in my opinion there is no use in your laws or in any contract, if the one who receives the money is not thoroughly upright in character, and does not either fear you or regard the rights of the one making the loan.

> Greek: 2. τῷ οὖν ποτὲ πιστεύοντες καὶ τί λαβόντες τὸ βέβαιον, προϊέμεθα; ὑμῖν, ὦ ἄνδρες δικασταί, καὶ τοῖς νόμοις τοῖς ὑμετέροις, οἳ κελεύουσιν, ὅσα ἄν τις ἑκὼν ἕτερος ἑτέρῳ ὁμολογήσῃ, κύρια εἶναι. ἀλλά μοι δοκεῖ οὔτε τῶν νόμων οὔτε συγγραφῆς οὐδεμιᾶς ὄφελος εἶναι οὐδέν, ἂν ὁ λαμβάνων τὰ χρήματα μὴ πάνυ δίκαιος ᾖ τὸν τρόπον, καὶ δυοῖν θάτερον, ἢ ὑμᾶς δεδιὼς ἢ τὸν συμβαλόντα αἰσχυνόμενος.

[¶2] 3. Now Dionysodorus here does neither the one nor the other, but has come to such a pitch of audacity, that although he borrowed from us three thousand drachmae upon his ship on the condition that it should sail back to Athens, and although we ought to have got back our money in the harvest-season of last year, he took his ship to Rhodes and there unladed his cargo and sold it in defiance of the contract and of your laws; and from Rhodes again he despatched his ship to Egypt, and from thence back to Rhodes, and to us who lent our money at Athens he has up to this day neither paid back our money nor produced to us our security.

> Greek: 3. ὧν οὐδέτερον πρόσεστι Διονυσοδώρῳ τουτῳί, ἀλλʼ εἰς τοσοῦτον ἥκει τόλμης, ὥστε δανεισάμενος παρʼ ἡμῶν ἐπὶ τῇ νηὶ τρισχιλίας δραχμὰς ἐφʼ ᾧ τε τὴν ναῦν καταπλεῖν Ἀθήναζε, καὶ δέον ἡμᾶς ἐν τῇ πέρυσιν ὥρᾳ κεκομίσθαι τὰ χρήματα, τὴν μὲν ναῦν εἰς Ῥόδον κατεκόμισε καὶ τὸν γόμον ἐκεῖσε ἐξελόμενος ἀπέδοτο παρὰ τὴν συγγραφὴν καὶ τοὺς νόμους τοὺς ὑμετέρους, ἐκ δὲ τῆς Ῥόδου πάλιν ἀπέστειλε τὴν ναῦν εἰς Αἴγυπτον κἀκεῖθεν εἰς Ῥόδον, ἡμῖν δὲ τοῖς Ἀθήνησι δανείσασιν οὐδέπω καὶ νῦν οὔτε τὰ χρήματα ἀποδίδωσιν οὔτε τὸ ἐνέχυρον καθίστησιν εἰς τὸ ἐμφανές, ἀλλὰ δεύτερον ἔτος τουτὶ καρπούμενος τὰ ἡμέτερα, καὶ ἔχων τό τε δάνειον καὶ τὴν ἐργασίαν καὶ τὴν ναῦν τὴν ὑποκειμένην ἡμῖν, οὐδὲν ἧττον εἰσελήλυθεν πρὸς ὑμᾶς, δῆλον ὡς ζημιώσων ἡμᾶς τῇ ἐπωβελίᾳ καὶ καταθησόμενος εἰς τὸ οἴκημα πρὸς τῷ ἀποστερεῖν τὰ χρήματα.

[¶3] 4. Nay, for two years now he has been using our money for his profit, keeping the loan and the trade and the ship that was mortgaged to us, and notwithstanding this he has come into your court, intending plainly to get us fined with the sixth part of the damages, and to put us in prison, besides robbing us of our money. We therefore, men of Athens, beg and implore you one and all to come to our aid, if you find that we are being wronged. But first I want to explain to you how the loan was contracted; for thus it will be easiest for you also to follow the case.

> Greek: 4. ὑμῶν οὖν, ὦ ἄνδρες Ἀθηναῖοι, ὁμοίως ἁπάντων δεόμεθα καὶ ἱκετεύομεν βοηθῆσαι ἡμῖν, ἂν δοκῶμεν ἀδικεῖσθαι. τὴν δὲ ἀρχὴν τοῦ συμβολαίου διεξελθεῖν ὑμῖν πρῶτον βούλομαι· οὕτως γὰρ καὶ ὑμεῖς ῥᾷστα παρακολουθήσετε.

[¶4] 5. This Dionysodorus, men of Athens, and his partner Parmeniscus came to us last year in the month Metageitnion, and said that they desired to borrow money on their ship on the terms that she should sail to Egypt and from Egypt to Rhodes or Athens, and they agreed to pay the interest for the voyage to either one of these ports.

> Greek: 5. Διονυσόδωρος γὰρ οὑτοσί, ὦ ἄνδρες Ἀθηναῖοι, καὶ ὁ κοινωνὸς αὐτοῦ Παρμενίσκος προσελθόντες ἡμῖν πέρυσιν τοῦ μεταγειτνιῶνος μηνὸς ἔλεγον ὅτι βούλονται δανείσασθαι ἐπὶ τῇ νηί, ἐφʼ ᾧ τε πλεῦσαι εἰς Αἴγυπτον καὶ ἐξ Αἰγύπτου εἰς Ῥόδον ἢ εἰς Ἀθήνας, διομολογησάμενοι τοὺς τόκους ⟨τοὺς⟩ εἰς ἑκάτερον τῶν ἐμπορίων τούτων.

[¶5] 6. We answered, men of the jury, that we would not lend money for a voyage to any other port than Athens, and so they agreed to return here, and with this understanding they borrowed from us three thousand drachmae on the security of their ship for the voyage out and home; and they entered into a written agreement to these terms. In the contract Pamphilus here was named the lender; but I, although not mentioned, was a sharer in the loan. And first the clerk shall read to you the agreement. The Agreement In accordance with this agreement, men of the jury, Dionysodorus here and his partner Parmeniscus, when they had got the money from us, despatched their ship from Athens to Egypt.

> Greek: 6. ἀποκριναμένων δʼ ἡμῶν, ὦ ἄνδρες δικασταί, ὅτι οὐκ ἂν δανείσαιμεν εἰς ἕτερον ἐμπόριον οὐδὲν ἀλλʼ ἢ εἰς Ἀθήνας, οὕτω προσομολογοῦσι πλεύσεσθαι δεῦρο, καὶ ἐπὶ ταύταις ταῖς ὁμολογίαις δανείζονται παρʼ ἡμῶν ἐπὶ τῇ νηὶ τρισχιλίας δραχμὰς ἀμφοτερόπλουν, καὶ συγγραφὴν ἐγράψαντο ὑπὲρ τούτων. ἐν μὲν οὖν ταῖς συνθήκαις δανειστὴς ἐγράφη Πάμφιλος οὑτοσί· ἐγὼ δʼ ἔξωθεν μετεῖχον αὐτῷ τοῦ δανείσματος. καὶ πρῶτον ὑμῖν ἀναγνώσεται αὐτὴν τὴν συγγραφήν. ΣΥΓΓΡΑΦΗ.

[¶6] 7. Parmeniscus sailed in charge of the ship; Dionysodorus remained at Athens. All these men, I would have you know, men of the jury, were underlings and confederates of Cleomenes, the former ruler of Egypt, who from the time he received the government did no small harm to your state, or rather to the rest of the Greeks as well, by buying up grain for resale and fixing its price, and in this he had these men as his confederates.

> Greek: 7. κατὰ ταύτην τὴν συγγραφήν, ὦ ἄνδρες δικασταί, λαβόντες παρʼ ἡμῶν τὰ χρήματα Διονυσόδωρός τε οὑτοσὶ καὶ ὁ κοινωνὸς αὐτοῦ Παρμενίσκος ἀπέστελλον τὴν ναῦν εἰς τὴν Αἴγυπτον ἐνθένδε. καὶ ὁ μὲν Παρμενίσκος ἐπέπλει ἐπὶ τῆς νεώς, οὑτοσὶ δὲ αὐτοῦ κατέμενεν. ἦσαν γάρ, ὦ ἄνδρες δικασταί, ἵνα μηδὲ τοῦτο ἀγνοῆτε, ὑπηρέται καὶ συνεργοὶ πάντες οὗτοι Κλεομένους τοῦ ἐν τῇ Αἰγύπτῳ ἄρξαντος, ὃς ἐξ οὗ τὴν ἀρχὴν παρέλαβεν οὐκ ὀλίγα κακὰ ἠργάσατο τὴν πόλιν τὴν ὑμετέραν, μᾶλλον δὲ καὶ τοὺς ἄλλους Ἕλληνας, παλιγκαπηλεύων καὶ συνιστὰς τὰς τιμὰς τοῦ σίτου καὶ αὐτὸς καὶ οὗτοι μετʼ αὐτοῦ.

[¶7] 8. Some of them would despatch the stuff from Egypt, others would sail in charge of the shipments, while still others would remain here in Athens and dispose of the consignments. Then those who remained here would send letters to those abroad advising them of the prevailing prices, so that if grain were dear in your market, they might bring it here, and if the price should fall, they might put in to some other port. This was the chief reason, men of the jury, why the price of grain advanced; it was due to such letters and conspiracies.

> Greek: 8. οἱ μὲν γὰρ αὐτῶν ἀπέστελλον ἐκ τῆς Αἰγύπτου τὰ χρήματα, οἱ δʼ ἐπέπλεον ταῖς ἐμπορίαις, οἱ δʼ ἐνθάδε μένοντες διετίθεντο τὰ ἀποστελλόμενα· εἶτα πρὸς τὰς καθεστηκυίας τιμὰς ἔπεμπον γράμματα οἱ ἐπιδημοῦντες τοῖς ἀποδημοῦσιν, ἵνα ἐὰν μὲν παρʼ ὑμῖν τίμιος ᾖ ὁ σῖτος, δεῦρο αὐτὸν κομίσωσιν, ἐὰν δʼ εὐωνότερος γένηται, εἰς ἄλλο τι καταπλεύσωσιν ἐμπόριον. ὅθεν περ οὐχ ἥκιστα, ὦ ἄνδρες δικασταί, συνετιμήθη τὰ περὶ τὸν σῖτον ἐκ τῶν τοιούτων ἐπιστολῶν καὶ συνεργιῶν.

[¶8] 9. Well then, when these men despatched their ship from Athens, they left the price of grain here pretty high, and for this reason they submitted to have the clause written in the agreement binding them to sail to Athens and to no other port. Afterwards, however, men of the jury, when the ships from Sicily had arrived, and the prices of grain here were falling, and their ship had reached Egypt, the defendant straightway sent a man to Rhodes to inform his partner Parmeniscus of the state of things here, well knowing that his ship would be forced to touch at Rhodes.

> Greek: 9. ὅτε μὲν οὖν ἐνθένδε ἀπέστελλον οὗτοι τὴν ναῦν, ἐπιεικῶς ἔντιμον κατέλιπον τὸν σῖτον· διὸ καὶ ὑπέμειναν ἐν τῇ συγγραφῇ γράψασθαι εἰς Ἀθήνας πλεῖν, εἰς δʼ ἄλλο μηδὲν ἐμπόριον. μετὰ δὲ ταῦτα, ὦ ἄνδρες δικασταί, ἐπειδὴ ὁ Σικελικὸς κατάπλους ἐγένετο καὶ αἱ τιμαὶ τοῦ σίτου ἐπʼ ἔλαττον ἐβάδιζον καὶ ἡ ναῦς ἡ τούτων ἀνῆκτο εἰς Αἴγυπτον, εὐθέως οὗτος ἀποστέλλει τινὰ εἰς τὴν Ῥόδον ἀπαγγελοῦντα τῷ Παρμενίσκῳ τῷ κοινωνῷ τὰ ἐνθένδε καθεστηκότα, ἀκριβῶς εἰδὼς ὅτι ἀναγκαῖον εἴη τῇ νηὶ προσσχεῖν εἰς Ῥόδον.

[¶9] 10. The outcome was that Parmeniscus, the defendant’s partner, when he had received the letter sent by him and had learned the price of grain prevailing here, discharged his cargo of grain at Rhodes and sold it there in defiance of the agreement, men of the jury, and of the penalties to which they had of their own will bound themselves, in case they should commit any breach of the agreement, and in contempt also of your laws which ordain that shipowners and supercargoes shall sail to the port to which they have agreed to sail or else be liable to the severest penalties.

> Greek: 10. πέρας δʼ οὖν, λαβὼν γὰρ ὁ Παρμενίσκος ὁ τουτουὶ κοινωνὸς τὰ γράμματα τὰ παρὰ τούτου ἀποσταλέντα, καὶ πυθόμενος τὰς τιμὰς τὰς ἐνθάδε [τοῦ σίτου] καθεστηκυίας, ἐξαιρεῖται τὸν σῖτον ἐν τῇ Ῥόδῳ κἀκεῖ ἀποδίδοται, καταφρονήσαντες μὲν τῆς συγγραφῆς, ὦ ἄνδρες δικασταί, καὶ τῶν ἐπιτιμίων, ἃ συνεγράψαντο αὐτοὶ οὗτοι καθʼ αὑτῶν, ἐάν τι παραβαίνωσιν, καταφρονήσαντες δὲ τῶν νόμων τῶν ὑμετέρων, οἳ κελεύουσι τοὺς ναυκλήρους καὶ τοὺς ἐπιβάτας πλεῖν εἰς ὅ τι ἂν συνθῶνται ἐμπόριον, εἰ δὲ μή, ταῖς μεγίσταις ζημίαις εἶναι ἐνόχους.

[¶10] 11. We on our part, as soon as we learned what had taken place, were greatly dismayed at his action, and went to this man, who was the prime mover in the whole plot, complaining angrily, as was natural, that although we had expressedly stipulated in the agreement that the ship should sail to no other port than to Athens, and had lent our money on this condition, he had left us open to suspicion with people who might wish to accuse and say that we also had been partners to the conveyance of the grain to Rhodes; and complaining also that he and his partner, despite their agreement to do so, had not brought the ship back to your port.

> Greek: 11. καὶ ἡμεῖς ἐπειδὴ τάχιστα ἐπυθόμεθα τὸ γεγονός, ἐκπεπληγμένοι τῷ πράγματι προσῇμεν τούτῳ τῷ ἀρχιτέκτονι τῆς ὅλης ἐπιβουλῆς, ἀγανακτοῦντες, οἷον εἰκός, καὶ ἐγκαλοῦντες ὅτι διαρρήδην ἡμῶν διορισαμένων ἐν ταῖς συνθήκαις ὅπως ἡ ναῦς μηδαμόσε καταπλεύσεται ἀλλʼ ἢ εἰς Ἀθήνας, καὶ ἐπὶ ταύταις ταῖς ὁμολογίαις δανεισάντων τὸ ἀργύριον, ἡμᾶς μὲν ἐν ὑποψίᾳ καταλέλοιπεν τοῖς βουλομένοις αἰτιᾶσθαι καὶ λέγειν, ὡς ἄρα καὶ ἡμεῖς κεκοινωνήκαμεν τῆς σιτηγίας τῆς εἰς τὴν Ῥόδον, αὐτοὶ δὲ οὐδὲν μᾶλλον τὴν ναῦν ἥκουσι κατακομίζοντες εἰς τὸ ὑμέτερον ἐμπόριον εἰς ὃ συνεγράψαντο.

[¶11] 12. When, however, we made no headway in talking about the agreement and our rights, we demanded that he at any rate pay us back the amount loaned with the interest as originally agreed upon. But the fellow treated us with such insolence as to declare that he would not pay the interest stipulated in the agreement. “If, however,” he said, “you are willing to accept the interest calculated in proportion to the voyage completed, I will give you,” said he, “the interest as far as Rhodes; but more I will not give.” Thus he made a law for himself and refused to comply with the just terms of the agreement.

> Greek: 12. ἐπειδὴ δὲ οὐδὲν ἐπεραίνομεν ὑπὲρ τῆς συγγραφῆς καὶ τῶν δικαίων διαλεγόμενοι, ἀλλὰ τό γε δάνειον καὶ τοὺς τόκους ἠξιοῦμεν ἀπολαβεῖν τοὺς ἐξ ἀρχῆς ὁμολογηθέντας. οὗτος δὲ οὕτως ὑβριστικῶς ἐχρήσατο ἡμῖν, ὥστε τοὺς μὲν τόκους τοὺς ἐν τῇ συγγραφῇ γεγραμμένους οὐκ ἔφη δώσειν· εἰ δὲ βούλεσθε, ἔφη, κομίζεσθαι τὸ πρὸς μέρος τοῦ πλοῦ τοῦ πεπλευσμένου, δώσω ὑμῖν φησὶν τοὺς εἰς Ῥόδον τόκους· πλείους δʼ οὐκ ἂν δοίην, αὐτὸς ἑαυτῷ νομοθετῶν καὶ οὐχὶ τοῖς ἐκ τῆς συγγραφῆς δικαίοις πειθόμενος.

[¶12] 13. When we said that we could not acquiesce in anything like this, considering that, were we to do so, it would be an admission that we too had been engaged in conveying grain to Rhodes, he became even more insistent, and came up to us, bringing a host of witnesses, asserting that he was ready to pay us the principal with interest as far as Rhodes; not that he had any more intention to pay, men of the jury, but suspecting that we should be unwilling to accept the money on account of the charges to which our action might give rise. The result made this clear.

> Greek: 13. ὡς δʼ ἡμεῖς οὐκ ἂν ἔφαμεν συγχωρῆσαι οὐδὲν τούτων, λογιζόμενοι ὅτι, ὁπότε τοῦτο πράξομεν, ὁμολογοῦμεν καὶ αὐτοὶ εἰς Ῥόδον σεσιτηγηκέναι, ἔτι μᾶλλον ἐπέτεινεν οὗτος καὶ μάρτυρας πολλοὺς παραλαβὼν προσῄει, φάσκων ἕτοιμος εἶναι ἀποδιδόναι τὸ δάνειον καὶ τοὺς τόκους τοὺς εἰς Ῥόδον, οὐδὲν μᾶλλον, ὦ ἄνδρες δικασταί, ἀποδοῦναι διανοούμενος, ἀλλʼ ἡμᾶς ὑπολαμβάνων οὐκ ἂν ἐθελῆσαι λαβεῖν τὸ ἀργύριον διὰ τὰς ὑπούσας αἰτίας. ἐδήλωσε δὲ αὐτὸ τὸ ἔργον.

[¶13] 14. For when some of your citizens, men of Athens, who chanced to be present advised to accept what was offered and to sue for the amount under dispute, but not to admit the reckoning of the interest to Rhodes until the case should be settled we agreed to this. We were not unaware, men of the jury, of our rights under the agreement, but we thought it better to suffer some loss and to make a concession, so as not to appear litigious. But when the fellow saw that we were on the point of accepting his offer, he said, “Well, then, cancel the agreement.” “We cancel the agreement?”

> Greek: 14. ἐπειδὴ γάρ, ὦ ἄνδρες Ἀθηναῖοι, τῶν ὑμετέρων πολιτῶν τινὲς παραγενόμενοι ἀπὸ ταὐτομάτου συνεβούλευον ἡμῖν τὸ μὲν διδόμενον λαμβάνειν, περὶ δὲ τῶν ἀντιλεγομένων κρίνεσθαι, τοὺς δὲ εἰς Ῥόδον τόκους μὴ καθομολογεῖν τέως ἂν κριθῶμεν, ἡμεῖς μὲν ταῦτα συνεχωροῦμεν, οὐκ ἀγνοοῦντες, ὦ ἄνδρες δικασταί, τὸ ἐκ τῆς συγγραφῆς δίκαιον, ἀλλʼ ἡγούμενοι δεῖν ἐλαττοῦσθαί τι καὶ συγχωρεῖν ὥστε μὴ δοκεῖν φιλόδικοι εἶναι, οὗτος δʼ ὡς ἑώρα ἡμᾶς ὁμόσε πορευομένους, ἀναιρεῖσθε φησὶ τοίνυν τὴν συγγραφήν.

[¶14] 15. “Indeed we will not. However, as far as concerns any money you may pay we will in the presence of the banker agree to annul the agreement; but cancel it in its entirety we will not, until we get a verdict on the matters under dispute. For what just plea shall we have, or on what can we rely when we come to a contest at law, whether we have to appear before an arbitrator or before a court, if we have cancelled the agreement on which we rely for the recovery of our rights?”

> Greek: 15. ἡμεῖς ἀναιρώμεθα; οὐδέν γε μᾶλλον ἢ ὁτιοῦν· ἀλλὰ κατὰ μὲν τἀργύριον ὃ ἂν ἀποδῷς, ὁμολογήσομεν ἐναντίον τοῦ τραπεζίτου ἄκυρον ποιεῖν τὴν συγγραφήν, τὸ μέντοι σύνολον οὐκ ἂν ἀνελοίμεθα, ἕως ἂν περὶ τῶν ἀντιλεγομένων κριθῶμεν. τί γὰρ ἔχοντες δίκαιον ἢ τί τὸ ἰσχυρὸν ἀντιδικήσομεν, ἐάν τε πρὸς διαιτητὴν ἐάν τε εἰς δικαστήριον δέῃ βαδίζειν, ἀνελόμενοι τὴν συγγραφήν, ἐν ᾗ τὴν ὑπὲρ τῶν δικαίων βοήθειαν ἔχομεν;

[¶15] 16. Such was our answer to him, men of the jury, and we demanded of this fellow Dionysodorus that he should not disturb or annul the agreement which these men themselves admitted to be binding, but that in regard to the amount he should pay us what he himself acknowledged to be due and to leave the settlement of the sum under dispute (with the understanding that the money was available) to the decision of one or more arbitrators, as he might prefer, to be chosen from among the merchants of this port. Dionysodorus, however, would not listen to anything of this sort, but because we refused to accept what he agreed to pay and cancel the agreement altogether, he has for two years kept and made use of our capital;

> Greek: 16. ταῦτα δὲ ἡμῶν λεγόντων, ὦ ἄνδρες δικασταί, καὶ ἀξιούντων Διονυσόδωρον τουτονὶ τὴν μὲν συγγραφὴν μὴ κινεῖν μηδὲ ἄκυρον ποιεῖν τὴν ὁμολογουμένην καὶ ὑπʼ αὐτῶν τούτων κυρίαν εἶναι, τῶν δὲ χρημάτων ὅσα μὲν αὐτὸς ὁμολογεῖ, ἀποδοῦναι ἡμῖν, περὶ δὲ τῶν ἀντιλεγομένων [ὡς] ἑτοίμων ὄντων κριθῆναι, εἴτε βούλοιντο ἐφʼ ἑνὸς εἴτε κἀν πλείοσι τῶν ἐκ τοῦ ἐμπορίου, οὐκ ἔφη προσέχειν Διονυσόδωρος τούτων οὐδενί, ἀλλʼ ὅτι τὴν συγγραφὴν ὅλως οὐκ ἀνῃρούμεθα ἀπολαμβάνοντες ἃ οὗτος ἐπέταττεν, ἔχει δεύτερον ἔτος τὰ ἡμέτερα καὶ χρῆται τοῖς χρήμασιν·

[¶16] 17. and what is the most outrageous thing of all, men of the jury, the fellow himself gets maritime interest from other people from our money, lending it, not at Athens or for a voyage to Athens, but for voyages to Rhodes and Egypt, while to us who lent him money for a voyage to your port he thinks he need do nothing that justice demands To prove that I am speaking the truth, the clerk shall read you the challenge which I gave Dionysodorus concerning these matters. The Challenge This challenge, then, we tendered to this Dionysodorus again and again, and we exposed the challenge to public view over a period of many days.

> Greek: 17. καὶ ὃ πάντων ἐστὶ δεινότατον, ὦ ἄνδρες δικασταί, ὅτι αὐτὸς μὲν οὗτος παρʼ ἑτέρων εἰσπράττει ναυτικοὺς τόκους ἀπὸ τῶν ἡμετέρων χρημάτων, οὐκ Ἀθήνησι δανείσας οὐδʼ εἰς Ἀθήνας, ἀλλʼ εἰς Ῥόδον καὶ Αἴγυπτον, ἡμῖν δὲ τοῖς δανείσασιν εἰς τὸ ὑμέτερον ἐμπόριον οὐκ οἴεται δεῖν τῶν δικαίων οὐδὲν ποιεῖν. ὅτι δʼ ἀληθῆ λέγω, ἀναγνώσεται ὑμῖν τὴν πρόκλησιν ἣν ὑπὲρ τούτων προὐκαλεσάμεθʼ αὐτόν. ΠΡΟΚΛΗΣΙΣ.

[¶17] 18. He, however, declared that we must be absolute simpletons, if we supposed him to be senseless enough to go before an arbitrator—who would most certainly condemn him to pay the debt—when he might come into court bringing the money with him, and then, if he could hoodwink you he would go back keeping possession of what was another’s, and if he could not, he would then pay the money. Thus he showed that he had no confidence in the justice of his case, but that he wished to make trial of you.

> Greek: 18. ταῦτα τοίνυν, ὦ ἄνδρες δικασταί, προκαλεσαμένων ἡμῶν Διονυσόδωρον τουτονὶ πολλάκις, καὶ ἐπὶ πολλὰς ἡμέρας ἐκτιθέντων τὴν πρόκλησιν, εὐήθεις ἔφη παντελῶς ἡμᾶς εἶναι, εἰ ὑπολαμβάνομεν αὐτὸν οὕτως ἀλογίστως ἔχειν ὥστʼ ἐπὶ διαιτητὴν βαδίζειν, προδήλου ὄντος ὅτι καταγνώσεται αὐτοῦ ἀποτεῖσαι τὰ χρήματα, ἐξὸν αὐτῷ ἐπὶ τὸ δικαστήριον ἥκειν φέροντα τὸ ἀργύριον, εἶτʼ ἐὰν μὲν δύνηται ὑμᾶς παρακρούσασθαι, ἀπιέναι τἀλλότρια ἔχοντα, εἰ δὲ μή, τηνικαῦτα καταθεῖναι τὰ χρήματα, ὡς ⟨ἂν⟩ ἄνθρωπος οὐ τῷ δικαίῳ πιστεύων, ἀλλὰ διάπειραν ὑμῶν λαμβάνειν βουλόμενος.

[¶18] 19. You have heard, then, men of the jury, what Dionysodorus has done; and as you have heard I fancy you have long been amazed at his audacity, and have wondered upon what in the world he relies in coming into court. For is it not the height of audacity, when a man who has borrowed money from the port of Athens, and has expressly agreed in writing that his ship shall return to your port, or that, if she does not, he shall pay double the amount, has not brought the ship to the Peiraeus and does not pay his debt to the lenders; and as for the grain, has unladed that and sold it at Rhodes, and then despite all this dares to look into your faces?

> Greek: 19. τὰ μὲν τοίνυν πεπραγμένα Διονυσοδώρῳ ἀκηκόατε, ὦ ἄνδρες δικασταί· οἴομαι δʼ ὑμᾶς θαυμάζειν ἀκούοντας πάλαι τὴν τόλμαν αὐτοῦ, καὶ τῷ ποτε πιστεύων εἰσελήλυθεν δευρί. πῶς γὰρ οὐ τολμηρόν, εἴ τις ἄνθρωπος δανεισάμενος χρήματα ἐκ τοῦ ἐμπορίου τοῦ Ἀθηναίων, καὶ συγγραφὴν διαρρήδην γραψάμενος ἐφʼ ᾧ τε καταπλεῖν τὴν ναῦν εἰς τὸ ὑμέτερον ἐμπόριον, εἰ δὲ μή, ἀποτίνειν διπλάσια τὰ χρήματα, μήτε τὴν ναῦν κατακεκόμικεν εἰς τὸν Πειραιᾶ μήτε τὰ χρήματα ἀποδίδωσι τοῖς δανείσασιν, τόν τε σῖτον ἐξελόμενος ἐν Ῥόδῳ ἀπέδοτο, καὶ ταῦτα διαπεπραγμένος μηδὲν ἧττον τολμᾷ βλέπειν εἰς τὰ ὑμέτερα πρόσωπα;

[¶19] 21. But hear what he says in reply to this. He alleges that the ship was disabled on the voyage from Egypt, and that for this reason he was obliged to touch at Rhodes and unlade the grain there. And as a proof of this he states that he chartered ships from Rhodes and shipped some of his goods to Athens. This is one part of his defence, and here is another.

> Greek: 21. ἃ δὴ λέγει πρὸς ταῦτα ἀκούσατε. φησὶ γὰρ τὴν ναῦν πλέουσαν ἐξ Αἰγύπτου ῥαγῆναι, καὶ διὰ ταῦτα ἀναγκασθῆναι καὶ προσσχεῖν εἰς τὴν Ῥόδον κἀκεῖ ἐξελέσθαι τὸν σῖτον. καὶ τούτου τεκμήριον λέγει, ὡς ἄρα ἐκ τῆς Ῥόδου μισθώσαιτο πλοῖα καὶ δεῦρο ἀποστείλειε τῶν χρημάτων ἔνια. ἓν μὲν τοῦτό ἐστιν αὐτῷ μέρος τῆς ἀπολογίας, δεύτερον δʼ ἐκεῖνο·

[¶20] 22. He claims that some other creditors of his have agreed to accept from him interest as far as Rhodes, and that it would be hard indeed if we should not make the same concession that they have made. And thirdly, besides all this, he declares that the agreement requires him to pay the money if the ship arrives safely, but that the ship has not arrived safely in the Peiraeus. To each of these arguments, men of the jury, hear the just answer that we make.

> Greek: 22. φησὶ γὰρ ἑτέρους τινὰς δανειστὰς συγκεχωρηκέναι αὑτῷ τοὺς τόκους τοὺς εἰς Ῥόδον· δεινὸν οὖν, εἰ ἡμεῖς μὴ συγχωρήσομεν ταὐτὰ ἐκείνοις. τρίτον πρὸς τούτοις τὴν συγγραφὴν κελεύειν φησὶν αὑτὸν σωθείσης τῆς νεὼς ἀποδοῦναι τὰ χρήματα, τὴν δὲ ναῦν οὐ σεσῷσθαι εἰς τὸν Πειραιᾶ. πρὸς ἕκαστον δὴ τούτων, ὦ ἄνδρες δικασταί, ἀκούσατε ἃ λέγομεν δίκαια.

[¶21] 23. In the first place, when he says that the ship was disabled, I think it is plain to you all that he is lying. For if his ship had met with this mishap, she would neither have got safely to Rhodes nor have been fit for sailing afterwards. But in fact it is plain that she did get safe to Rhodes and was sent back from thence to Egypt, and that at the present time she is still sailing everywhere except to Athens. And yet is it not outrageous that, when he has to bring his ship back to the port of Athens, he says she was disabled, but when he wants to unlade his grain at Rhodes, then that same ship is seen to be seaworthy?

> Greek: 23. πρῶτον μὲν τὸ ῥαγῆναι τὴν ναῦν ὅταν λέγῃ, οἶμαι πᾶσιν ὑμῖν φανερὸν εἶναι ὅτι ψεύδεται. εἰ γὰρ τοῦτο συνέβη παθεῖν τῇ νηί, οὔτʼ ἂν εἰς τὴν Ῥόδον ἐσώθη οὔτʼ ἂν ὕστερον πλόϊμος ἦν. νῦν δὲ φαίνεται εἰς τὴν Ῥόδον σωθεῖσα καὶ πάλιν ἐκεῖθεν ἀποσταλεῖσα εἰς Αἴγυπτον καὶ ἔτι καὶ νῦν πλέουσα πανταχόσε, πλὴν οὐκ εἰς Ἀθήνας. καίτοι πῶς οὐκ ἄτοπον, ὅταν μὲν εἰς τὸ Ἀθηναίων ἐμπόριον δεήσῃ κατάγειν τὴν ναῦν, ῥαγῆναι φάσκειν, ὅταν δὲ εἰς τὴν Ῥόδον τὸν σῖτον ἐξελέσθαι, τηνικαῦτα δὲ πλόϊμον οὖσαν φαίνεσθαι τὴν αὐτὴν ναῦν;

[¶22] 24. Why, then, he says, did I charter other ships and tranship my cargo and despatch it here to Athens? Because, men of Athens, neither the defendant nor his partner was owner of the entire cargo, but, I fancy, the supercargoes who were on board despatched their own goods hither, in other bottoms necessarily, seeing that these men had cut short the voyage before the ship reached her destination. As for the goods, however, which were their own, they did not ship these in their entirety to Athens, but sought out what ones had advanced in price.

> Greek: 24. διὰ τί οὖν, φησίν, ἐμισθωσάμην ἕτερα πλοῖα καὶ μετεξειλόμην τὸν γόμον καὶ δεῦρʼ ἀπέστειλα; ὅτι, ὦ ἄνδρες Ἀθηναῖοι, οὐ τῶν ἁπάντων ἀγωγίμων οὔθʼ οὗτος ἦν κύριος οὔθʼ ὁ κοινωνὸς αὐτοῦ, ἀλλʼ οἱ ἐπιβάται τὰ ἑαυτῶν χρήματα ἀπέστελλον οἶμαι δεῦρο ἐν ἑτέροις πλοίοις ἐξ ἀνάγκης, ἐπειδὴ προκατέλυσαν οὗτοι τὸν πλοῦν· ὧν μέντοι αὐτοὶ ἦσαν κύριοι, οὐδὲ ταῦτα ἀπέστελλον πάντα δεῦρο, ἀλλʼ ἐκλεγόμενοι τίνων αἱ τιμαὶ ἐπετέταντο.

[¶23] 25. For why, pray, was it that, when you had hired other bottoms, as you say, you did not tranship the entire cargo of your vessel, but left the grain there in Rhodes? Because, men of the jury, it was to their interest to sell the grain in Rhodes; for they heard that the price had fallen here in Athens, but they shipped to you the other goods, from which they hoped to make a profit. When, then, Dionysodorus, you talk about the chartering of the vessels, you give proof, not that your ship was disabled, but that it was to your advantage to do so.

> Greek: 25. ἐπεὶ τί δήποτε μισθούμενοι ἕτερα πλοῖα, ὥς φατε, οὐχ ἅπαντα τὸν γόμον τῆς νεὼς μετενέθεσθε, ἀλλὰ τὸν σῖτον αὐτοῦ ἐν τῇ Ῥόδῳ κατελίπετε; ὅτι, ὦ ἄνδρες δικασταί, τοῦτον μὲν συνέφερεν αὐτοῖς ἐκεῖσε πωλεῖν (τὰς γὰρ τιμὰς τὰς ἐνθάδε ἀνεικέναι ἤκουον)· τὰ δʼ ἄλλʼ ἀγώγιμα ὡς ὑμᾶς ἀπέστελλον, ἀφʼ ὧν κερδανεῖν ἤλπιζον. ὥστε τὴν μίσθωσιν τῶν πλοίων ὅταν λέγῃς, οὐ τοῦ ῥαγῆναι τὴν ναῦν τεκμήριον λέγεις, ἀλλὰ τοῦ συμφέροντος ὑμῖν.

[¶24] 26. Concerning these matters, then, what I have said is sufficient, but in regard to the creditors, who, they say, consented to accept from them the interest as far as Rhodes, this has nothing to do with us. If any man has remitted to you any part of what was due him, no wrong is suffered by either party to the arrangement. But we have not remitted anything to you, nor have we consented to your voyage to Rhodes, nor in our judgement is anything more binding than the agreement.

> Greek: 26. περὶ μὲν οὖν τούτων ἱκανά μοι τὰ εἰρημένα· περὶ δὲ τῶν δανειστῶν, οὕς φασι συγκεχωρηκέναι λαβεῖν παρʼ αὑτῶν τοὺς εἰς Ῥόδον τόκους, ἔστι μὲν οὐδὲν πρὸς ἡμᾶς τοῦτο. εἰ γάρ τις ὑμῖν ἀφῆκέν τι τῶν αὑτοῦ, οὐδὲν ἀδικεῖται οὔθʼ ὁ δοὺς οὔθʼ ὁ πείσας· ἀλλʼ ἡμεῖς οὔτʼ ἀφείκαμέν σοι οὐδὲν οὔτε συγκεχωρήκαμεν τῷ πλῷ τῷ εἰς Ῥόδον, οὐδʼ ἐστὶν ἡμῖν οὐδὲν κυριώτερον τῆς συγγραφῆς.

[¶25] 27. Now what does the agreement say, and to what port does it require you to sail? From Athens to Egypt and from Egypt to Athens; and in default of your so doing, it requires you to pay double the amount. If you have done this, you have committed no wrong; but if you have not done it, and have not brought your ship back to Athens, it is proper that you should suffer the penalty provided by the agreement; for this requirement was imposed upon you, not by some other person, but by yourself. Show, then, to the jury one or the other of two things—that our agreement is not valid, or that you are not required to do everything in accordance with it.

> Greek: 27. αὕτη δὲ τί λέγει καὶ ποῖ προστάττει τὸν πλοῦν ποιεῖσθαι; Ἀθήνηθεν εἰς Αἴγυπτον καὶ ἐξ Αἰγύπτου εἰς Ἀθήνας· εἰ δὲ μή, ἀποτίνειν κελεύει διπλάσια τὰ χρήματα. ταῦτα εἰ μὲν πεποίηκας, οὐδὲν ἀδικεῖς, εἰ δὲ μὴ πεποίηκας μηδὲ κατακεκόμικας τὴν ναῦν Ἀθήναζε, προσήκει σε ζημιοῦσθαι τῷ ἐπιτιμίῳ τῷ ἐκ τῆς συγγραφῆς· τοῦτο γὰρ τὸ δίκαιον οὐκ ἄλλος οὐδείς, ἀλλʼ αὐτὸς σὺ σαυτῷ ὥρισας. δεῖξον οὖν τοῖς δικασταῖς δυοῖν θάτερον, ἢ τὴν συγγραφήν, ὡς οὐκ ἔστιν ἡμῖν κυρία, ἢ ὡς οὐ δίκαιος εἶ πάντα κατὰ ταύτην πράττειν.

[¶26] 28. If certain people have remitted anything in your favor, and have been induced on one ground or another to accept interest only as far as Rhodes, does it follow that you are doing no wrong to us, your agreement with whom you have broken in having your ship put into Rhodes? I do not think so. For this jury is not now deciding upon concessions made to you by others, but upon an agreement entered into by you yourself with us. For that the remission of the interest, supposing that it actually took place, as these men allege, was to the advantage of the creditors, is plain to every one of you.

> Greek: 28. εἰ δέ τινες ἀφείκασίν τί σοι καὶ συγκεχωρήκασιν τοὺς εἰς Ῥόδον τόκους ὁτῳδήποτε τρόπῳ πεισθέντες, διὰ ταῦτα οὐδὲν ἀδικεῖς ἡμᾶς, οὓς παρασυγγεγράφηκας εἰς Ῥόδον καταγαγὼν τὴν ναῦν; οὐκ οἴομαί γε· οὐ γὰρ τὰ ὑφʼ ἑτέρων συγκεχωρημένα δικάζουσιν οὗτοι νῦν, ἀλλὰ τὰ ὑπʼ αὐτοῦ σοῦ πρὸς ἡμᾶς συγγεγραμμένα. ἐπεὶ ὅτι γε καὶ τὸ περὶ τὴν ἄφεσιν τῶν τόκων, εἰ ἄρα γέγονεν ὡς οὗτοι λέγουσιν, μετὰ τοῦ συμφέροντος τοῦ τῶν δανειστῶν γέγονε, πᾶσιν ὑμῖν φανερόν ἐστιν.

[¶27] 29. For those who lent their money to these men for the outward voyage from Egypt to Athens, when they reached Rhodes and this man put into that port, suffered no loss, I take it, by remitting the interest and receiving the amount of their loan at Rhodes, and then putting the money to work again for a voyage to Egypt. No; this was more to their advantage than to continue the voyage to this port.

> Greek: 29. οἱ γὰρ ἐκ τῆς Αἰγύπτου δανείσαντες τούτοις ἑτερόπλουν τἀργύριον εἰς Ἀθήνας, ὡς ἀφίκοντο εἰς τὴν Ῥόδον καὶ τὴν ναῦν ἐκεῖσε οὗτοι κατεκόμισαν, οὐδὲν οἶμαι διέφερεν αὐτοῖς ἀφεμένοις τῶν τόκων καὶ κομισαμένοις τὸ δάνειον ἐν τῇ Ῥόδῳ πάλιν ἐνεργὸν ποιεῖν εἰς τὴν Αἴγυπτον, ἀλλʼ ἐλυσιτέλει πολλῷ μᾶλλον τοῦτʼ ἢ δεῦρʼ ἐπαναπλεῖν.

[¶28] 30. For voyaging from Rhodes to Egypt is uninterrupted, and they could put the same money to work two or three times, whereas here they would have had to pass the winter and to await the season for sailing. These creditors therefore have reaped an additional profit, and have not remitted anything to these men. With us, however, it is not a question of the interest merely, but we are unable to recover even our principal.

> Greek: 30. ἐκεῖσε μέν γε ἀεὶ ὡραῖος ὁ πλοῦς, καὶ δὶς ἢ τρὶς ὑπῆρχεν αὐτοῖς ἐργάσασθαι τῷ αὐτῷ ἀργυρίῳ· ἐνταῦθα δʼ ἐπιδημήσαντας παραχειμάζειν ἔδει καὶ περιμένειν τὴν ὡραίαν. ὥστʼ ἐκεῖνοι μὲν οἱ δανεισταὶ προσκεκερδήκασιν καὶ οὐκ ἀφείκασι τούτοις οὐδέν· ἡμῖν δʼ οὐχ ὅπως περὶ τοῦ τόκου ὁ λόγος ἐστίν, ἀλλʼ οὐδὲ τἀρχαῖα ἀπολαβεῖν δυνάμεθα.

[¶29] 31. Do not, then, listen to him, when he seeks to hoodwink you, and brings before you his transactions with other creditors, but refer him to the agreement and to the rights growing out of it. It remains for me to interpret this matter for you, and the defendant insists upon this very thing, stating that the agreement requires him to repay the loan only if the ship arrives safe. We also maintain that this should be so.

> Greek: 31. μὴ οὖν ἀποδέχεσθε τούτου φενακίζοντος ὑμᾶς καὶ τὰ πρὸς τοὺς ἄλλους δανειστὰς πεπραγμένα παραβάλλοντος, ἀλλʼ ἐπὶ τὴν συγγραφὴν ἀνάγετʼ αὐτὸν καὶ τὰ ἐκ τῆς συγγραφῆς δίκαια. ἔστι γὰρ ἐμοί τε λοιπὸν διδάξαι ὑμᾶς τοῦτο, καὶ οὗτος ἰσχυρίζεται τῷ αὐτῷ τούτῳ, φάσκων τὴν συγγραφὴν κελεύειν σωθείσης τῆς νεὼς ἀποδιδόναι τὸ δάνειον.

[¶30] 32. But I should be glad to ask you yourself, Dionysodorus, whether you are speaking of the ship as having been lost, or as having arrived safe. For if the ship has been wrecked and is lost, why do you keep on disputing about the interest and demanding that we accept interest as far as Rhodes? For in that case we have not the right to recover either interest or principal. But if the ship is safe and has not been wrecked, why do you not pay us the money which you agreed to pay?

> Greek: 32. καὶ ἡμεῖς ταῦτα οὕτω φαμὲν δεῖν ἔχειν. ἡδέως δʼ ἂν πυθοίμην αὐτοῦ σοῦ, πότερον ὡς ὑπὲρ διεφθαρμένης τῆς νεὼς διαλέγει, ἢ ὡς ὑπὲρ σεσῳσμένης. εἰ μὲν γὰρ διέφθαρται ἡ ναῦς καὶ ἀπόλωλεν, τί περὶ τῶν τόκων διαφέρει καὶ ἀξιοῖς ἡμᾶς κομίζεσθαι τοὺς εἰς Ῥόδον τόκους; οὔτε γὰρ τοὺς τόκους οὔτε τἀρχαῖα προσήκει ἡμᾶς ἀπολαβεῖν. εἰ δʼ ἐστὶν ἡ ναῦς σῶς καὶ μὴ διέφθαρται, διὰ τί ἡμῖν οὐκ ἀποδίδως τὰ χρήματα ἃ συνεγράψω;

[¶31] 33. In what way, men of Athens, can you be most convincingly assured that the ship has reached port safe? In the first instance by the mere fact that she is now at sea, and less clearly by the statements made by these men themselves. For they ask us to accept payment of the principal and a certain portion of the interest, thus implying that the ship has reached port safe, but has not completed her entire voyage.

> Greek: 33. πόθεν οὖν ἀκριβέστατα ἂν μάθοιτε, ἄνδρες Ἀθηναῖοι, ὅτι σέσῳσται ἡ ναῦς; μάλιστα μὲν ἐξ αὐτοῦ τοῦ εἶναι τὴν ναῦν ἐν πλῷ, οὐχ ἧττον δὲ καὶ ἐξ ὧν αὐτοὶ οὗτοι λέγουσιν. ἀξιοῦσιν γὰρ ἡμᾶς τά τε ἀρχαῖα ἀπολαβεῖν καὶ μέρος τι τῶν τόκων, ὡς σεσῳσμένης μὲν τῆς νεώς, οὐ πεπλευκυίας δὲ πάντα τὸν πλοῦν.

[¶32] 34. Now consider, men of Athens, whether it is we who are abiding by the requirements of the contract, or whether it is these men, who have sailed, not to the port agreed upon, but to Rhodes and Egypt, and who, when the ship has reached port safe and has not been lost, claim to be entitled to an abatement of the interest, although they have broken the agreement, and have themselves made a large profit by the carrying of grain to Rhodes, and by keeping and making use of our money for two years.

> Greek: 34. σκοπεῖτε δέ, ὦ ἄνδρες Ἀθηναῖοι, πότερον ἡμεῖς τοῖς ἐκ τῆς συγγραφῆς δικαίοις χρώμεθα ἢ οὗτοι, οἳ οὔτε εἰς τὸ συγκείμενον ἐμπόριον πεπλεύκασιν, ἀλλʼ εἰς Ῥόδον καὶ Αἴγυπτον, σωθείσης τε τῆς νεὼς καὶ οὐ διεφθαρμένης ἄφεσιν οἴονται δεῖν εὑρίσκεσθαι τῶν τόκων παρασυγγεγραφηκότες, καὶ αὐτοὶ μὲν πολλὰ χρήματα εἰργασμένοι παρὰ τὴν σιτηγίαν τὴν εἰς Ῥόδον, τὰ δʼ ἡμέτερα χρήματα ἔχοντες καὶ καρπούμενοι δεύτερον ἔτος τουτί.

[¶33] 35. What they are doing is indeed an unheard-of thing. They offer to pay us the principal of our loan, thus implying that the ship has reached port safe, but they claim the right to rob us of our interest on the ground that she has been wrecked. The agreement, however, does not say one thing about the interest and another about the principal of the loan, but our rights are the same for both and our means of recovery the same.

> Greek: 35. καινότατον δʼ ἐστὶ πάντων τὸ γιγνόμενον· τὸ μὲν γὰρ δάνειον τὸ ἀρχαῖον ἀποδιδόασιν ἡμῖν ὡς σεσῳσμένης τῆς νεώς, τοὺς τόκους δʼ ἀποστερῆσαι οἴονται δεῖν ὡς διεφθαρμένης. καίτοι ἡ συγγραφὴ οὐχ ἕτερα μὲν λέγει περὶ τῶν τόκων, ἕτερα δὲ περὶ τοῦ ἀρχαίου δανείσματος;

[¶34] 36. (To the clerk.) Please read the agreement again. The Agreement “From Athens to Egypt and from Egypt to Athens.” You hear, men of Athens. It says “From Athens to Egypt and from Egypt to Athens.” (To the clerk.) Read the rest. The Agreement “And if the ship arrives safe at Peiraeus … ” Men of Athens, it is a very simple thing for you to reach a decision in this suit, and there is no need of many words.

> Greek: 36. ἀλλὰ τὰ δίκαια ταὐτὰ περὶ ἀμφοῖν ἐστιν καὶ ἡ πρᾶξις ἡ αὐτή. ἀνάγνωθι δέ μοι πάλιν τὴν συγγραφήν. ΣΥΓΓΡΑΦΗ … Ἀθήνηθεν εἰς Αἴγυπτον καὶ ἐξ Αἰγύπτου Ἀθήναζε. ἀκούετε, ὦ ἄνδρες Ἀθηναῖοι· Ἀθήνηθεν, φησίν, εἰς Αἴγυπτον καὶ ἐξ Αἰγύπτου Ἀθήναζε. λέγε τὰ λοιπά. ΣΥΓΓΡΑΦΗ σωθείσης δὲ τῆς νεὼς εἰς Πειραιᾶ … ἄνδρες Ἀθηναῖοι, πάνυ ἁπλοῦν ἐστιν διαγνῶναι ὑμῖν ὑπὲρ ταύτης τῆς δίκης, καὶ οὐδὲν δεῖ λόγων πολλῶν.

[¶35] 37. That the ship has reached port safe, and is safe, is admitted by these men themselves; for otherwise they would not be offering to pay the principal of the loan and a portion of the interest. She has not, however, been brought back to the Peiraeus. It is for this reason that we, the creditors, claim that we have been wronged, and regarding this we are bringing suit, that, namely she did not make the return voyage to the port agreed upon.

> Greek: 37. ἡ ναῦς ὅτι μὲν σέσῳσται καὶ ἔστιν σῶς, καὶ παρʼ αὐτῶν τούτων ὁμολογεῖται (οὐ γὰρ ἂν ἀπεδίδοσαν τό τε ἀρχαῖον δάνειον καὶ τῶν τόκων μέρος τι), οὐ κατακεκόμισται δʼ εἰς τὸν Πειραιᾶ. διὰ τοῦτο ἡμεῖς μὲν οἱ δανείσαντες ἀδικεῖσθαί φαμεν, καὶ ὑπὲρ τούτου δικαζόμεθα, ὅτι οὐ κατέπλευσεν εἰς τὸ συγκείμενον ἐμπόριον.

[¶36] 38. Dionysodorus, however, claims that he is doing no wrong because of this very fact, since he is not bound to pay the interest in its entirety inasmuch as the ship did not complete her voyage to Peiraeus. But what does the agreement say? By Zeus it is not at all what you say, Dionysodorus. No; it declares that if you do not pay both the principal and interest, or if you fail to present the security, plain to see and unimpaired, or if in any other respect you violate the agreement, you are required to pay double the amount. Read, please, that clause of the agreement. The Statement “And if they shall not produce the security, plain to see and unimpaired, or if in any respect they shall violate the agreement, they shall pay double the amount.”

> Greek: 38. Διονυσόδωρος δὲ οὔ φησιν ἀδικεῖν διʼ αὐτὸ τοῦτο· οὐ γὰρ δεῖν αὑτὸν ἀποδοῦναι πάντας τοὺς τόκους, ἐπειδὴ ἡ ναῦς οὐ κατέπλευσεν εἰς τὸν Πειραιᾶ. ἡ δὲ συγγραφὴ τί λέγει; οὐ μὰ Δίʼ οὐ ταῦτα ἃ σὺ λέγεις, ὦ Διονυσόδωρε· ἀλλʼ ἐὰν μὴ ἀποδῷς τὸ δάνειον καὶ τοὺς τόκους ἢ μὴ παράσχῃς τὰ ὑποκείμενα ἐμφανῆ καὶ ἀνέπαφα, ἢ ἄλλο τι παρὰ τὴν συγγραφὴν ποιήσῃς, ἀποτίνειν κελεύει σε διπλάσια τὰ χρήματα. καί μοι λέγε αὐτὸ τοῦτο τῆς συγγραφῆς. ΣΥΓΓΡΑΦΗ. ἐὰν δὲ … μὴ παράσχωσι τὰ ὑποκείμενα ἐμφανῆ καὶ ἀνέπαφα, ἢ ποιήσωσίν τι παρὰ τὴν συγγραφήν, ἀποδιδότωσαν διπλάσια τὰ χρήματα.

[¶37] 39. Have you, then, at any place whatever produced the ship plain to see since the time you received the money from us? And yet you yourself admit that she is safe. Or have you ever since that time brought her back to the port of Athens, though the agreement expressly stipulates that you shall bring your ship back to the Peiraeus, and produce her plain to see before the lenders?

> Greek: 39. ἔστιν οὖν ὅποι παρέσχηκας ἐμφανῆ τὴν ναῦν, ἀφʼ οὗ τὰ χρήματα ἔλαβες παρʼ ἡμῶν, ὁμολογῶν σῶν εἶναι αὐτός; ἢ καταπέπλευκας ἐξ ἐκείνου τοῦ χρόνου εἰς τὸ Ἀθηναίων ἐμπόριον, τῆς συγγραφῆς διαρρήδην λεγούσης εἰς τὸν Πειραιᾶ κατάγειν τὴν ναῦν καὶ ἐμφανῆ παρέχειν τοῖς δανείσασιν;

[¶38] 40. This is an important point, men of Athens. Just observe the extravagance of his statement. The ship was disabled, so he says, and for this reason he brought her into the port of Rhodes. Well, then, after that she was repaired and became fit for sea. Why, then, my good fellow, did you send her off to Egypt and to other ports, but have never up to this day sent her back to Athens, to us your creditors, to whom the agreement requires you to produce the ship, plain to see and unimpaired, and that too although we made demand upon you again and again and challenged you to do so?

> Greek: 40. καὶ γὰρ τοῦτο, ἄνδρες Ἀθηναῖοι. θεάσασθε τὴν ὑπερβολήν. ἐρράγη ἡ ναῦς, ὥς φησιν οὗτος, καὶ διὰ τοῦτʼ εἰς Ῥόδον κατήγαγεν αὐτήν. οὐκοῦν τὸ μετὰ τοῦτο ἐπεσκευάσθη καὶ πλόϊμος ἐγένετο. διὰ τί οὖν, ὦ βέλτιστε, εἰς μὲν τὴν Αἴγυπτον καὶ τἄλλα ἐμπόρια ἀπέστελλες αὐτήν, Ἀθήναζε δὲ οὐκ ἀπέσταλκας οὐδέπω καὶ νῦν πρὸς ἡμᾶς τοὺς δανείσαντας, οἷς ἡ συγγραφὴ κελεύει σε ἐμφανῆ καὶ ἀνέπαφον τὴν ναῦν παρέχειν, καὶ ταῦτʼ ἀξιούντων ἡμῶν καὶ προκαλεσαμένων σε πολλάκις;

[¶39] 41. No; you are so bold or rather so impudent, that, while under the agreement you owe us double the amount of our loan, you do not see fit to pay us even the accrued interest, but bid us accept interest as far as Rhodes, as if your command ought to prove of more force than the agreement; and you have the insolence to declare that the vessel did not arrive safe at the Peiraeus; for which you might with justice be condemned to death by the jurors.

> Greek: 41. ἀλλʼ οὕτως ἀνδρεῖος εἶ, μᾶλλον δὲ ἀναίσχυντος, ὥστʼ ἐκ τῆς συγγραφῆς ὀφείλων ἡμῖν διπλάσια τὰ χρήματα, οὐκ οἴει δεῖν οὐδὲ τοὺς τόκους τοὺς γιγνομένους ἀποδοῦναι, ἀλλὰ τοὺς εἰς Ῥόδον προστάττεις ἀπολαβεῖν, ὥσπερ τὸ σὸν πρόσταγμα τῆς συγγραφῆς δέον κυριώτερον γενέσθαι, καὶ τολμᾷς λέγειν ὡς οὐκ ἐσώθη ἡ ναῦς εἰς τὸν Πειραιᾶ· ἐφʼ ᾧ δικαίως ἂν ἀποθάνοις ὑπὸ τῶν δικαστῶν.

[¶40] 42. For who other than this fellow is to blame, men of the jury, if the ship did not arrive safe at the Peiraeus? Are we to blame, who lent our money expressly for a voyage to Egypt and to Athens, or is it the fault of this fellow and his partner, who after borrowing money on these terms, that the vessel should return to Athens, then took her to Rhodes? And that they did this of their own will and not of necessity is clear on many grounds.

> Greek: 42. διὰ τίνα γὰρ μᾶλλον, ὦ ἄνδρες δικασταί, οὐ σέσῳσται ἡ ναῦς εἰς τὸν Πειραιᾶ; πότερον διʼ ἡμᾶς τοὺς διαρρήδην δανείσαντας εἰς Αἴγυπτον καὶ εἰς Ἀθήνας, ἢ διὰ τοῦτον καὶ τὸν κοινωνὸν αὐτοῦ, οἳ ἐπὶ ταύταις ταῖς ὁμολογίαις δανεισάμενοι, ἐφʼ ᾧ τε καταπλεῖν Ἀθήναζε, εἰς Ῥόδον κατήγαγον τὴν ναῦν; ὅτι δὲ ἑκόντες καὶ οὐκ ἐξ ἀνάγκης ταῦτʼ ἔπραξαν, ἐκ πολλῶν δῆλον.

[¶41] 43. For if what occurred took place against their will, and the ship was really disabled, afterwards, when they had repaired the ship, they would surely not have let her for a voyage to other ports, but would have despatched her to Athens to make amends for the involuntary accident. As it is, however, they have not only made no amends, but to their original wrongdoings they have added others greater far, and have come here to contest the suit as it were in a spirit of mockery, assuming that it will rest with them, if you give judgement against them, merely to pay the principal and interest.

> Greek: 43. εἰ γὰρ ὡς ἀληθῶς ἀκούσιον τὸ συμβὰν ἐγένετο καὶ ἡ ναῦς ἐρράγη, τὸ μετὰ τοῦτʼ ἐπειδὴ ἐπεσκεύασαν τὴν ναῦν, οὐκ ἂν εἰς ἕτερα δήπου ἐμπόρια ἐμίσθωσαν αὐτήν, ἀλλʼ ὡς ὑμᾶς ἀπέστελλον, ἐπανορθούμενοι τὸ ἀκούσιον σύμπτωμα. νῦν δʼ οὐχ ὅπως ἐπηνωρθώσαντο, ἀλλὰ πρὸς τοῖς ἐξ ἀρχῆς ἀδικήμασι πολλῷ μείζω προσεξημαρτήκασιν, καὶ ὥσπερ ἐπὶ καταγέλωτι ἀντιδικοῦντες εἰσεληλύθασιν, ὡς ἐπʼ αὐτοῖς ἐσόμενον, ἐὰν καταψηφίσησθε αὐτῶν, τὰ ἀρχαῖα μόνον ἀποδοῦναι καὶ τοὺς τόκους.

[¶42] 44. Do not you, then, men of Athens, suffer men of this stamp to have their own way, nor allow them to ride on two anchors, with the hope that, if they are successful, they will retain what belongs to others, and if they are not able to hoodwink you, they will merely pay the bare amount which they owe; but inflict upon them the penalties provided in the agreement. For it would be an outrageous thing, when these men have themselves in writing imposed upon themselves a penalty of double the amount, if they commit any breach of the agreement, that you should be more lenient toward them; especially when you have yourselves been wronged no less than we.

> Greek: 44. ὑμεῖς οὖν, ὦ ἄνδρες Ἀθηναῖοι, μὴ ἐπιτρέπετε τούτοις οὕτως ἔχουσιν, μηδʼ ἐπὶ δυοῖν ἀγκύραιν ὁρμεῖν αὐτοὺς ἐᾶτε, ὡς, ἐὰν μὲν κατορθώσωσι, τἀλλότρια ἕξοντας, ἐὰν δὲ μὴ δύνωνται ἐξαπατῆσαι ὑμᾶς, αὐτὰ τὰ ὀφειλόμενα ἀποδώσοντας· ἀλλὰ τοῖς ἐπιτιμίοις ζημιοῦτε τοῖς ἐκ τῆς συγγραφῆς. καὶ γὰρ ἂν δεινὸν εἴη, αὐτοὺς μὲν τούτους διπλασίαν καθʼ αὑτῶν τὴν ζημίαν γράψασθαι, ἐάν τι παραβαίνωσι τῶν ἐν τῇ συγγραφῇ, ὑμᾶς δʼ ἠπιωτέρως ἔχειν πρὸς αὐτούς, καὶ ταῦτα οὐχ ἧττον ἡμῶν συνηδικημένους.

[¶43] 45. Our claims in the matter, therefore, are few and easy to be remembered. We lent this fellow Dionysodorus and his partner three thousand drachmae for a voyage from Athens to Egypt and from Egypt to Athens; we have not received either principal or interest, but they have kept our money and had the use of it for two years; they have not even to this day brought the ship back to your port, nor produced it plain to see. The agreement, however, declares, that if they fail to deliver up the ship plain to see they shall pay double the amount, and that the money may be recovered from either one or both of them.

> Greek: 45. τὰ μὲν οὖν περὶ τοῦ πράγματος δίκαια βραχέα ἐστὶ καὶ εὐμνημόνευτα. ἐδανείσαμεν Διονυσοδώρῳ τουτῳὶ καὶ τῷ κοινωνῷ αὐτοῦ τρισχιλίας δραχμὰς Ἀθήνηθεν εἰς Αἴγυπτον καὶ ἐξ Αἰγύπτου Ἀθήναζε· οὐκ ἀπειλήφαμεν τὰ χρήματα οὐδὲ τοὺς τόκους, ἀλλʼ ἔχουσι τὰ ἡμέτερα καὶ χρῶνται δεύτερον ἔτος· οὐ κατακεκομίκασιν τὴν ναῦν εἰς τὸ ὑμέτερον ἐμπόριον οὐδέπω καὶ νῦν, οὐδʼ ἡμῖν παρεσχήκασιν ἐμφανῆ· ἡ δὲ συγγραφὴ κελεύει, ἐὰν μὴ παρέχωσιν ἐμφανῆ τὴν ναῦν, ἀποτίνειν αὐτοὺς διπλάσια τὰ χρήματα, τὴν δὲ πρᾶξιν εἶναι καὶ ἐξ ἑνὸς καὶ ἐξ ἀμφοῖν.

[¶44] 46. These are the just claims with which we have come before you demanding to recover our money through your help, since we cannot get it from these men themselves. Such is the statement of our case. These men, however, while they admit that they borrowed the money and have not paid it back, contend that they are not bound to pay the interest stipulated in the agreement, but the interest as far as Rhodes only, which they made no part of their contract, and to which we have not consented.

> Greek: 46. ταῦτʼ ἔχοντες τὰ δίκαια εἰσεληλύθαμεν πρὸς ὑμᾶς, ἀξιοῦντες τὰ ἡμέτερα αὐτῶν ἀπολαβεῖν διʼ ὑμῶν, ἐπειδὴ παρʼ αὐτῶν τούτων οὐ δυνάμεθα. ὁ μὲν παρʼ ἡμῶν λόγος οὗτός ἐστιν. οὗτοι δὲ δανείσασθαι μὲν ὁμολογοῦσιν καὶ μὴ ἀποδεδωκέναι, διαφέρονται δὲ ὡς οὐ δεῖ τελεῖν αὐτοὺς τοὺς τόκους τοὺς ἐν τῇ συγγραφῇ, ἀλλὰ τοὺς εἰς Ῥόδον, οὓς οὔτε συνεγράψαντο οὔτε ἔπεισαν ἡμᾶς. εἰ μὲν οὖν, ὦ ἄνδρες Ἀθηναῖοι, ἐν τῷ Ῥοδίων δικαστηρίῳ ἐκρινόμεθα, ἴσως ἂν οὗτοι ἐπλεονέκτουν ἡμῶν, σεσιτηγηκότες πρὸς αὐτοὺς καὶ καταπεπλευκότες τῇ νηὶ εἰς τὸ ἐκείνων ἐμπόριον·

[¶45] 47. Perhaps, men of Athens, if we were trying the case in a Rhodian court, these men might get the better of us, seeing that they have taken grain to Rhodes and sailed in their ship into that port; as it is, however, since we have come before Athenians and our contract called for a voyage to your port, we hold it right that you should give no advantage to men who have wronged you as well as ourselves. Besides this, men of Athens, you must not forget that, while you are today deciding one case alone you are fixing a law for the whole port, and that many of those engaged in overseas trade are standing here and watching you to see how you decide this question. For if you hold that contracts and agreements made between man and man are to be binding, and show no leniency towards those who transgress them, lenders will be more ready to risk their money, and the business of your port will be increased.

> Greek: 47. νῦν δὲ εἰς Ἀθηναίους εἰσεληλυθότες καὶ συγγραψάμενοι εἰς τὸ ὑμέτερον ἐμπόριον, οὐκ ἀξιοῦμεν ἐλαττωθῆναι ὑπὸ τῶν καὶ ἡμᾶς καὶ ὑμᾶς ἠδικηκότων. χωρὶς δὲ τούτων, ἄνδρες Ἀθηναῖοι, μὴ ἀγνοεῖτε, ὅτι νυνὶ μίαν δίκην δικάζοντες νομοθετεῖτε ὑπὲρ ὅλου τοῦ ἐμπορίου, καὶ παρεστᾶσι πολλοὶ τῶν κατὰ θάλατταν ἐργάζεσθαι προαιρουμένων ὑμᾶς θεωροῦντες, πῶς τὸ πρᾶγμα τουτὶ κρίνετε. εἰ μὲν γὰρ ὑμεῖς τὰς συγγραφὰς καὶ τὰς ὁμολογίας τὰς πρὸς ἀλλήλους γιγνομένας ἰσχυρὰς οἴεσθε δεῖν εἶναι καὶ τοῖς παραβαίνουσιν αὐτὰς μηδεμίαν συγγνώμην ἕξετε, ἑτοιμότερον προήσονται τὰ ἑαυτῶν οἱ ἐπὶ τοῦ δανείζειν ὄντες, ἐκ δὲ τούτων αὐξηθήσεται ὑμῖν τὸ ἐμπόριον.

[¶46] 49. But if shipowners, after engaging in written contracts to sail to Athens, are to be permitted to put their ships into other ports, giving out that they have been disabled, or advancing other pretexts such as these of which Dionysodorus has availed himself, and to reduce the interest in proportion to the length of the voyage which they say they have made instead of paying it according to the agreement, there will be nothing to prevent the voiding of all contracts.

> Greek: 49. εἰ μέντοι ἐξέσται τοῖς ναυκλήροις, συγγραφὴν γραψαμένοις ἐφʼ ᾧ τε καταπλεῖν εἰς Ἀθήνας, ἔπειτα κατάγειν τὴν ναῦν εἰς ἕτερα ἐμπόρια, φάσκοντας ῥαγῆναι καὶ τοιαύτας προφάσεις ποριζομένους οἵαισπερ καὶ Διονυσόδωρος οὑτοσὶ χρῆται, καὶ τοὺς τόκους μερίζειν πρὸς τὸν πλοῦν ὃν ἂν φήσωσιν πεπλευκέναι, καὶ μὴ πρὸς τὴν συγγραφήν, οὐδὲν κωλύσει ἅπαντα τὰ συμβόλαια διαλύεσθαι.

[¶47] 50. For who is going to be willing to risk his money, when he sees that written agreements are of no force, but that arguments such as these prevail and that the claims of wrongdoers take precedence over what is right? Do not permit this, men of the jury, for it is not to the interest of the mass of your people any more than of those engaged in trade, who are a body of men most useful to your public at large and to the individuals who have dealings with them. For this reason you should be careful of their interests. I, for my part, have said all that I could; but I desire also to have one of my friends speak in my behalf. Come forward, Demosthenes.

> Greek: 50. τίς γὰρ ἐθελήσει τὰ ἑαυτοῦ προέσθαι, ὅταν ὁρᾷ τὰς μὲν συγγραφὰς ἀκύρους, ἰσχύοντας δὲ τοὺς τοιούτους λόγους, καὶ τὰς αἰτίας τῶν ἠδικηκότων ἔμπροσθεν οὔσας τοῦ δικαίου; μηδαμῶς, ὦ ἄνδρες δικασταί· οὔτε γὰρ τῷ πλήθει τῷ ὑμετέρῳ συμφέρει τοῦτο οὔτε τοῖς ἐργάζεσθαι προῃρημένοις, οἵπερ χρησιμώτατοί εἰσιν καὶ κοινῇ πᾶσιν ὑμῖν καὶ ἰδίᾳ τῷ ἐντυγχάνοντι. διόπερ δεῖ ὑμᾶς αὐτῶν ἐπιμέλειαν ποιεῖσθαι. ἐγὼ μὲν οὖν ὅσαπερ οἷός τʼ ἦν, εἴρηκα· ἀξιῶ δὲ καὶ τῶν φίλων μοί τινα συνειπεῖν. δεῦρο Δημόσθενες.