---
title: "Against Phormio · Πρὸς Φορμίωνα ὑπὲρ δανείου"
author: "Demosthenes"
translator: "Augustus Taber Murray"
languages: [grc, en]
shelf: "Classical Greek"
url: https://scriptura.si/works/demosthenes-against-phormio/
cite: "Demosthenes, tr. Augustus Taber Murray, Against Phormio · Πρὸς Φορμίωνα ὑπὲρ δανείου. Scriptura (scriptura.si), https://scriptura.si/works/demosthenes-against-phormio/"
---

# Against Phormio · Πρὸς Φορμίωνα ὑπὲρ δανείου

*Demosthenes, tr. Augustus Taber Murray*

A sea-loan and a ship that never came back.

> Greek: ed. William Rennie, from the Perseus Digital Library (canonical-greekLit, tlg0014.tlg034, CC BY-SA 4.0).

> English: Augustus Taber Murray, from the Perseus Digital Library (tlg0014.tlg034.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.

## Contents

1. [Sections 1–52](https://scriptura.si/works/demosthenes-against-phormio/1.md)

## 1. Sections 1–52

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

[¶0] 1. The request that I shall make of you, men of the jury, is a fair one, that you should hear us with goodwill as we speak in our turn, knowing well that we are wholly without experience in the art of speaking; and long as we have been frequenting your mart, and many as are the merchants to whom we have made loans, we have never until now appeared in any suit before you either as plaintiffs or as defendants.

> Greek: 1. δίκαια ὑμῶν δεησόμεθα, ὦ ἄνδρες δικασταί, ἀκοῦσαι ἡμῶν μετʼ εὐνοίας ἐν τῷ μέρει λεγόντων, γνόντας ὅτι ἰδιῶται παντελῶς ἐσμέν, καὶ πολὺν χρόνον εἰς τὸ ὑμέτερον ἐμπόριον εἰσαφικνούμενοι καὶ συμβόλαια πολλοῖς συμβάλλοντες οὐδεμίαν πώποτε δίκην πρὸς ὑμᾶς εἰσήλθομεν, οὔτʼ ἐγκαλοῦντες οὔτʼ ἐγκαλούμενοι ὑφʼ ἑτέρων.

[¶1] 2. And you may be sure, men of Athens, that we should not even now have brought this action against Phormio, if we believed that the money which we lent him had been lost on the ship that was wrecked; we are not so shameless nor so unaccustomed to losses. But as many have kept taunting us, and especially those who were in Bosporus with Phormio, who knew that he had not lost the money together with the ship, we thought it a dreadful thing not to seek redress after being wronged as we had been by this man.

> Greek: 2. οὐδʼ ἂν νῦν, ἀκριβῶς ἴστε, ὦ ἄνδρες Ἀθηναῖοι, εἰ ὑπελαμβάνομεν ἀπολωλέναι τὰ χρήματα ἐπὶ τῆς νεὼς τῆς διαφθαρείσης, ἃ ἐδανείσαμεν Φορμίωνι, οὐκ ἄν ποτʼ ἐλάχομεν τὴν δίκην αὐτῷ· οὐχ οὕτως ἡμεῖς ἀναίσχυντοί ἐσμεν οὐδʼ ἄπειροι τοῦ ζημιοῦσθαι. πολλῶν δʼ ἡμᾶς κακιζόντων, καὶ μάλιστα τῶν ἐν Βοσπόρῳ ἐπιδημησάντων ἅμα Φορμίωνι, οἵπερ τοῦτον ᾔδεσαν οὐ συναπολέσαντα τὰ χρήματα ἐν τῇ νηί, δεινὸν ἡγούμεθα εἶναι τὸ μὴ βοηθῆσαι ἡμῖν αὐτοῖς ἀδικουμένοις ὑπὸ τούτου.

[¶2] 3. With reference to the special plea my argument is a brief one. For even the defendants do not absolutely deny that a contract was made on your exchange; but they claim that there exists no longer any obligation on their part due to the contract, for they have done nothing that contravenes the terms of the agreement.

> Greek: 3. περὶ μὲν οὖν τῆς παραγραφῆς βραχύς ἐστιν ὁ λόγος· καὶ γὰρ οὗτοι οὐ τὸ παράπαν συμβόλαιον ἐξαρνοῦνται μὴ γενέσθαι ἐν τῷ ἐμπορίῳ τῷ ὑμετέρῳ, ἀλλʼ οὐκέτι εἶναί φασι πρὸς αὑτοὺς οὐδὲν συμβόλαιον· πεποιηκέναι γὰρ οὐδὲν ἔξω τῶν ἐν τῇ συγγραφῇ γεγραμμένων.

[¶3] 4. The laws, however, in accordance with which you sit as jurors, do not use this language. They do indeed allow the production of a special plea when there has been no contract at all at Athens or for the Athenian market; but if a man admits that a contract was made, yet contends that he has done everything that the contract requires, they bid him to make a defence on the merits of the case, and not to make the plaintiff a defendant. Not but that I hope to prove from the facts of the case itself that this suit of mine is admissible.

> Greek: 4. οἱ μὲν οὖν νόμοι, καθʼ οὓς ὑμεῖς δικασταὶ κάθησθε, οὐχ οὕτως λέγουσιν, ἀλλʼ ὑπὲρ μὲν τῶν μὴ γενομένων ὅλως συμβολαίων Ἀθήνησι μηδʼ εἰς τὸ Ἀθηναίων ἐμπόριον παραγράφεσθαι δεδώκασιν, ἐὰν δέ τις γενέσθαι μὲν ὁμολογῇ, ἀμφισβητῇ δὲ ὡς πάντα πεποίηκεν τὰ συγκείμενα, ἀπολογεῖσθαι κελεύουσιν εὐθυδικίαν εἰσιόντα, οὐ κατηγορεῖν τοῦ διώκοντος. οὐ μὴν ἀλλʼ ἔγωγε ἐλπίζω καὶ ἐξ αὐτοῦ τοῦ πράγματος δείξειν εἰσαγώγιμον τὴν δίκην οὖσαν.

[¶4] 5. And I beg you, men of Athens, to consider what is admitted by these men, and what is disputed; for in this way you will best sift the question. They admit that they borrowed the money, and that they had contracts made to secure the loan; but they claim that they have paid the money to Lampis, the servant of Dio, in Bosporus. We, on our part, shall prove, not only that Phormio did not pay it, but that it was actually impossible for him to pay it. But I must recount to you a few of the things that happened at the outset.

> Greek: 5. σκέψασθε δέ, ὦ ἄνδρες Ἀθηναῖοι, ὅ τι ὁμολογεῖται παρʼ αὐτῶν τούτων καὶ τί ἀντιλέγεται· οὕτω γὰρ ἂν ἄριστα ἐξετάσαιτε. οὐκοῦν δανείσασθαι μὲν τὰ χρήματα ὁμολογοῦσι καὶ συνθήκας ποιήσασθαι τοῦ δανείσματος, φασὶν δʼ ἀποδεδωκέναι τὸ χρυσίον Λάμπιδι τῷ Δίωνος οἰκέτῃ ἐν Βοσπόρῳ. ἡμεῖς τοίνυν οὐ μόνον τοῦτο δείξομεν, ὡς οὐκ ἀπέδωκεν, ἀλλʼ ὡς οὐδʼ ἐνῆν αὐτῷ ἀποδοῦναι. ἀναγκαῖον δʼ ἐστὶν βραχέα τῶν ἐξ ἀρχῆς διηγήσασθαι ὑμῖν.

[¶5] 6. I, men of Athens, lent to this man, Phormio, twenty minae for the double voyage to Pontus and back, on the security of goods of twice that value, and deposited a contract with Cittus the banker. But, although the contract required him to put on board the ship goods to the value of four thousand drachmae, he did the most outrageous thing possible. For while still in the Peiraeus he, without our knowledge, secured an additional loan of four thousand five hundred drachmae from Theodorus the Phoenician, and one of one thousand drachmae from Lampis the shipowner.

> Greek: 6. ἐγὼ γάρ, ὦ ἄνδρες Ἀθηναῖοι, ἐδάνεισα Φορμίωνι τουτῳὶ εἴκοσι μνᾶς ἀμφοτερόπλουν εἰς τὸν Πόντον ἐπὶ ἑτέρᾳ ὑποθήκῃ, καὶ συγγραφὴν ἐθέμην παρὰ Κίττῳ τῷ τραπεζίτῃ. κελευούσης δὲ τῆς συγγραφῆς ἐνθέσθαι εἰς τὴν ναῦν τετρακισχιλίων φορτία ἄξια, πρᾶγμα ποιεῖ πάντων δεινότατον· εὐθὺς γὰρ ἐν τῷ Πειραιεῖ ἐπιδανείζεται λάθρᾳ ἡμῶν παρὰ μὲν Θεοδώρου τοῦ Φοίνικος τετρακισχιλίας πεντακοσίας δραχμάς, παρὰ δὲ τοῦ ναυκλήρου Λάμπιδος χιλίας δραχμάς.

[¶6] 7. And, whereas he was bound to purchase at Athens a cargo worth one hundred and fifteen minae, if he was to perform for all his creditors what was written in their agreements, he purchased only a cargo worth five thousand five hundred drachmae, including the provisions; while his debts were seventy-five minae. This was the beginning of his fraud, men of Athens; he neither furnished security, nor put the goods on board the ship, although the agreement absolutely bade him do so. Take the agreement, please. The Agreement Now take also the entry made by the customs-officers and the depositions. The Entry of the Customs. The Depositions

> Greek: 7. δέον δʼ αὐτὸν καταγοράσαι φορτία Ἀθήνηθεν μνῶν ἑκατὸν δέκα πέντε, εἰ ἔμελλεν τοῖς δανεισταῖς πᾶσι ποιήσειν τὰ ἐν ταῖς συγγραφαῖς γεγραμμένα, οὐ κατηγόρασεν ἀλλʼ ἢ πεντακισχιλίων καὶ πεντακοσίων δραχμῶν, σὺν τῷ ἐπισιτισμῷ· ὀφείλει δὲ ἑβδομήκοντα μνᾶς καὶ πέντε. ἀρχὴ μὲν οὖν αὕτη ἐγένετο τοῦ ἀδικήματος, ὦ ἄνδρες Ἀθηναῖοι· οὔτε γὰρ τὴν ὑποθήκην παρέσχεν οὔτε τὰ χρήματʼ ἐνέθετʼ εἰς τὴν ναῦν, κελευούσης τῆς συγγραφῆς ἐπάναγκες ἐντίθεσθαι. καί μοι λαβὲ τὴν συγγραφήν. ΣΥΓΓΡΑΦΗ. λαβὲ δὴ καὶ τὴν τῶν πεντηκοστολόγων ἀπογραφὴν καὶ τὰς μαρτυρίας. ΑΠΟΓΡΑΦΗ. ΜΑΡΤΥΡΙΑΙ.

[¶7] 8. When he came, then, to Bosporus, having letters from me, which I had given him to deliver to my slave, who was spending the winter there, and to a partner of mine,—in which letter I had stated the sum which I had lent and the security, and bade them, as soon as the goods should be unshipped, to inspect them and keep an eye on them,—the fellow did not deliver to them the letters which he had received from me, in order that they might know nothing of what he was doing; and, finding that business in Bosporus was bad owing to the war which had broken out between Paerisades and the Scythian, and that there was no market for the goods which he had brought, he was in great perplexity; for his creditors, who had lent him money for the outward voyage, were pressing him for payment.

> Greek: 8. ἐλθὼν τοίνυν εἰς τὸν Βόσπορον, ἔχων ἐπιστολὰς παρʼ ἐμοῦ, ἃς ἔδωκʼ αὐτῷ ἀπενεγκεῖν τῷ παιδὶ τῷ ἐμῷ παραχειμάζοντι ἐκεῖ καὶ κοινωνῷ τινί, γράψας ἐν τῇ ἐπιστολῇ τό τε ἀργύριον ὃ ἐδεδανείκειν καὶ τὴν ὑποθήκην, καὶ προστάξας, ἐπειδὰν τάχιστα ἐξαιρεθῇ τὰ χρήματα, ἐξετάζειν καὶ παρακολουθεῖν, τὰς μὲν ἐπιστολὰς οὐκ ἀποδίδωσιν οὗτος ἃς ἔλαβεν παρʼ ἐμοῦ, ἵνα μηδὲν εἰδείησαν ὧν ἔπραττεν οὗτος, καταλαβὼν δʼ ἐν τῷ Βοσπόρῳ μοχθηρὰ τὰ πράγματα διὰ τὸν συμβάντα πόλεμον τῷ Παιρισάδῃ πρὸς τὸν Σκύθην καὶ τῶν φορτίων ὧν ἦγεν πολλὴν ἀπρασίαν, ἐν πάσῃ ἀπορίᾳ ἦν· καὶ γὰρ οἱ δανεισταὶ εἴχοντο αὐτοῦ οἱ τὰ ἑτερόπλοα δανείσαντες.

[¶8] 9. When, therefore, the shipowner bade him put on board according to the agreement the goods bought with my money, this fellow, who now alleges that he has paid the debt in full, said that he could not ship the goods because his trash was unsalable; and he bade him put to sea, saying that he himself would sail in another ship as soon as he should dispose of the cargo Please take this deposition. The Deposition After this, men of Athens, the defendant was left in Bosporus, while Lampis put to sea, and was shipwrecked not far from the port; for although his ship was already overloaded, as we learn, he took on an additional deck-load of one thousand hides, which proved the cause of the loss of the vessel.

> Greek: 9. ὥστε τοῦ ναυκλήρου κελεύοντος αὐτὸν κατὰ τὴν συγγραφὴν ἐντίθεσθαι τὰ ἀγοράσματα τῶν ἐμῶν χρημάτων, εἶπεν οὗτος ὁ νῦν φάσκων ἀποδεδωκέναι τὸ χρυσίον, ὅτι οὐκ ἂν δύναιτο ἐνθέσθαι εἰς τὴν ναῦν τὰ χρήματα· ἄπρατον γὰρ εἶναι τὸν ῥῶπον. καὶ ἐκεῖνον μὲν ἐκέλευεν ἀνάγεσθαι, αὐτὸς δʼ, ἐπειδὰν διαθῆται τὰ φορτία, ἐφʼ ἑτέρας νεὼς ἔφη ἐκπλεύσεσθαι. καί μοι λέγε ταύτην τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.

[¶9] 10. He himself made his escape in the boat with the rest of Dio’s servants, but he lost more than thirty lives besides the cargo. There was much mourning in Bosporus when they learned of the loss of the ship, and everybody deemed this Phormio lucky in that he had not sailed with the others, nor put any goods on board the ship. The same story was told by the others and by Phormio himself. Read me, please, these depositions. The Depositions Lampis himself, to whom Phormio declares he had paid the gold (pray note this carefully), when I approached him as soon as he had returned to Athens after the shipwreck and asked him about these matters, said that Phormio did not put the goods on board the ship according to our agreement, nor had he himself received the gold from him at that time in Bosporus.

> Greek: 10. μετὰ ταῦτα τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, οὗτος μὲν ἐν τῷ Βοσπόρῳ κατελέλειπτο, ὁ δὲ Λάμπις ἀναχθεὶς ἐναυάγησεν οὐ μακρὰν ἀπὸ τοῦ ἐμπορίου· γεγεμισμένης γὰρ ἤδη τῆς νεώς, ὡς ἀκούομεν, μᾶλλον τοῦ δέοντος, προσανέλαβεν ἐπὶ τὸ κατάστρωμα χιλίας βύρσας, ὅθεν καὶ ἡ διαφθορὰ τῇ νηὶ συνέβη. καὶ αὐτὸς μὲν ἀπεσώθη ἐν τῷ λέμβῳ μετὰ τῶν ἄλλων παίδων τῶν Δίωνος, ἀπώλεσεν δὲ πλέον ἢ τριάκοντα σώματα ἐλεύθερα χωρὶς τῶν ἄλλων. πολλοῦ δὲ πένθους ἐν τῷ Βοσπόρῳ ὄντος ὡς ἐπύθοντο τὴν διαφθορὰν τῆς νεώς, ηὐδαιμόνιζον Φορμίωνα πάντες τουτονί, ὅτι οὔτε συνανήχθη οὔτε ἐνέθετο εἰς τὴν ναῦν οὐδέν. συνέβαινεν δὲ παρά τε τῶν ἄλλων καὶ παρὰ τούτου ὁ αὐτὸς λόγος. καί μοι ἀνάγνωθι ταύτας τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ.

[¶10] 11. Read, please, the deposition of those who were present. The Deposition Now, men of Athens, when this man Phormio reached Athens, after completing his voyage in safety on another ship, I approached him and demanded payment of the loan.

> Greek: 11. αὐτὸς μὲν τοίνυν ὁ Λάμπις, ᾧ φησιν ἀποδεδωκέναι τὸ χρυσίον (τούτῳ γὰρ προσέχετε τὸν νοῦν), προσελθόντος αὐτῷ ἐμοῦ, ἐπειδὴ τάχιστα κατέπλευσεν ἐκ τῆς ναυαγίας Ἀθήναζε, καὶ ἐρωτῶντος ὑπὲρ τούτων, ἔλεγεν ὅτι οὔτε τὰ χρήματα ἔνθοιτο εἰς τὴν ναῦν οὗτος κατὰ τὴν συγγραφήν, οὔτε τὸ χρυσίον εἰληφὼς εἴη παρʼ αὐτοῦ ἐν Βοσπόρῳ τότε. καί μοι ἀνάγνωθι τὴν μαρτυρίαν τῶν παραγενομένων. ΜΑΡΤΥΡΙΑ.

[¶11] 12. And at the first, men of Athens, he did not in any instance make the statement which he now makes, but always agreed that he would pay; but after he had entered into an agreement with those who are now at his side and are advocates with him, he was then and there different and not at all the same man.

> Greek: 12. ἐπειδὴ τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, ἐπεδήμησεν Φορμίων οὑτοσὶ σεσῳσμένος ἐφʼ ἑτέρας νεώς, προσῄειν αὐτῷ ἀπαιτῶν τὸ δάνειον. καὶ οὗτος κατὰ μὲν ἀρχὰς οὐδεπώποτʼ, ὦ ἄνδρες Ἀθηναῖοι, εἶπε τὸν λόγον τοῦτον ὃν νυνὶ λέγει, ἀλλʼ ἀεὶ ὡμολόγει ἀποδώσειν· ἐπειδὴ δὲ ἀνεκοινώσατο τοῖς νῦν παροῦσιν αὐτῷ καὶ συνδικοῦσιν, ἕτερος ἤδη ἦν καὶ οὐχ ὁ αὐτός.

[¶12] 13. When I saw that he was trying to cheat me, I went to Lampis and told him that Phormio was not doing what was right nor paying back the loan; and at the same time I asked him if he knew where Phormio was, in order that I might summon him. He bade me follow him, and we found the fellow at the perfumery shops; and I, having witnesses with me, served the summons.

> Greek: 13. ὡς δʼ ᾐσθόμην αὐτὸν διακρουόμενόν με, προσέρχομαι τῷ Λάμπιδι, λέγων ὅτι οὐδὲν ποιεῖ τῶν δικαίων Φορμίων οὐδʼ ἀποδίδωσι τὸ δάνειον, καὶ ἅμα ἠρόμην αὐτὸν εἰ εἰδείη ὅπου ἐστίν, ἵνα προσκαλεσαίμην αὐτόν. ὁ δʼ ἀκολουθεῖν μʼ ἐκέλευεν ἑαυτῷ, καὶ καταλαμβάνομεν πρὸς τοῖς μυροπωλίοις τουτονί· κἀγὼ κλητῆρας ἔχων προσεκαλεσάμην αὐτόν.

[¶13] 14. Lampis, men of Athens, was close at hand when I did this, yet he never ventured to say that he had received the money from Phormio, nor did he say, as he naturally would have done supposing his story to be true, “Chrysippus, you are mad. Why do you summon this man? He has paid me the money.” And not only did Lampis not say a word, but neither did Phormio himself venture to say anything, although Lampis was standing by his side, to whom he now declares he had paid the money.

> Greek: 14. καὶ ὁ Λάμπις, ὦ ἄνδρες Ἀθηναῖοι, παρὼν προσκαλουμένῳ μοι οὐδαμοῦ ἐτόλμησεν εἰπεῖν ὡς ἀπείληφε παρὰ τούτου τὸ χρυσίον, οὐδʼ ὃ εἰκὸς ἦν εἶπε Χρύσιππε, μαίνει· τί τοῦτον προσκαλεῖ; ἐμοὶ γὰρ ἀποδέδωκε τὸ χρυσίον. ἀλλὰ μὴ ὅτι Λάμπις ἐφθέγξατο, ἀλλʼ οὐδὲ αὐτὸς οὗτος οὐδὲν ἠξίωσεν εἰπεῖν, παρεστηκότος τοῦ Λάμπιδος, ᾧ νῦν φησὶν ἀποδεδωκέναι τὸ χρυσίον.

[¶14] 15. Yet, men of Athens, it would surely have been natural for him to say, “Why do you summon me, fellow? I have paid the money to this man who is standing here ”—and at the same time to call upon Lampis to corroborate his words. As it was, however, neither of them uttered a syllable on an occasion so opportune. In proof that my words are true, take, please, the deposition of those who witnessed the summons. The Deposition Now take the complaint in the action which I commenced against him last year, for this is the strongest possible proof that up to that time Phormio had never stated that he had paid the money to Lampis.

> Greek: 15. καίτοι εἰκός γʼ ἦν αὐτὸν εἰπεῖν, ὦ ἄνδρες Ἀθηναῖοι, τί με προσκαλεῖ, ἄνθρωπε; ἀποδέδωκα γὰρ τούτῳ τῷ παρεστηκότι τὸ χρυσίον, καὶ ἅμα ὁμολογοῦντα παρέχειν τὸν Λάμπιν· νυνὶ δʼ οὐδέτερος αὐτῶν οὐδʼ ὁτιοῦν εἶπεν ἐν τοιούτῳ καιρῷ. καὶ ὅτι ἀληθῆ λέγω, λαβέ μοι τὴν μαρτυρίαν τῶν κλητήρων. ΜΑΡΤΥΡΙΑ.

[¶15] 16. The Complaint This action I commenced, men of Athens, basing my complaint upon nothing else than the report of Lampis, who denied that Phormio had put the goods on board the ship or that he himself had received the money. Do not imagine that I am so senseless, so absolutely crazy, as to have drawn up a complaint like this, if Lampis (whose words would prove my contention false) admitted that he had received the money.

> Greek: 16. λαβὲ δή μοι καὶ τὸ ἔγκλημα ὃ ἔλαχον αὐτῷ πέρυσιν· ὅ ἐστιν οὐδενὸς ἔλαττον τεκμήριον, ὅτι οὐδέπω τότʼ ἔφησεν Φορμίων ἀποδεδωκέναι τὸ χρυσίον Λάμπιδι. ΕΓΚΛΗΜΑ. τοῦτο τὸ ἔγκλημα ἔγραφον ἐγώ, ὦ ἄνδρες Ἀθηναῖοι, οὐδαμόθεν ἄλλοθεν σκοπῶν ἀλλʼ ἢ ἐκ τῆς ἀπαγγελίας τῆς Λάμπιδος, ὃς οὐκ ἔφασκεν οὔτε τὰ χρήματα ἐντεθεῖσθαι τοῦτον οὔτε τὸ χρυσίον ἀπειληφέναι· μὴ γὰρ οἴεσθέ με οὕτως ἀπόπληκτον εἶναι καὶ παντελῶς μαινόμενον, ὥστε τοιοῦτο γράφειν ἔγκλημα ὁμολογοῦντος τοῦ Λάμπιδος ἀπειληφέναι τὸ χρυσίον, ὑφʼ οὗ ἔμελλον ἐξελεγχθήσεσθαι.

[¶16] 17. More than this, men of Athens, note another fact. These very men entered a special plea last year, but dared not assert in their plea that they had paid the money to Lampis. Now, pray take the plea itself. The Special Plea You hear, men of Athens. Nowhere in the plea is it stated that Phormio had paid the money to Lampis, though I had expressly written in the complaint, which you heard a moment ago, that Phormio had not put the goods on board the ship nor paid the money. For what other witness, then, should you wait, when you have so significant a piece of evidence from these men themselves?

> Greek: 17. ἔτι δέ, ὦ ἄνδρες Ἀθηναῖοι, κἀκεῖνο σκέψασθε· αὐτοὶ γὰρ οὗτοι παραγραφὴν διδόντες πέρυσιν, οὐκ ἐτόλμησαν ἐν τῇ παραγραφῇ γράψαι ὡς ἀποδεδώκασιν Λάμπιδι τὸ χρυσίον. καί μοι λαβὲ αὐτὴν τὴν παραγραφήν. ΠΑΡΑΓΡΑΦΗ. ἀκούετε, ὦ ἄνδρες Ἀθηναῖοι, ὅτι οὐδαμοῦ γέγραπται ἐν τῇ παραγραφῇ ὡς ἀποδέδωκεν τὸ χρυσίον Φορμίων Λάμπιδι, καὶ ταῦτʼ ἐμοῦ διαρρήδην γράψαντος εἰς τὸ ἔγκλημα ὃ ἠκούσατε ἀρτίως, ὅτι οὔτε τὰ χρήματα ἔνθοιτο εἰς τὴν ναῦν οὔτʼ ἀπέδωκεν τὸ χρυσίον. τίνα οὖν ἄλλον χρὴ περιμένειν ὑμᾶς μάρτυρα, ὅταν τηλικαύτην μαρτυρίαν παρʼ αὐτῶν τούτων ἔχητε;

[¶17] 18. When the suit was about to come into court, they begged us to refer it to an arbitrator; and we referred it by agreement to Theodotus, a privileged alien Lampis after that, thinking that it would now, before an arbitrator, be safe for him to testify just as he pleased, divided my money with this fellow Phormio, and then gave testimony the very opposite of what he had stated before.

> Greek: 18. μελλούσης δὲ τῆς δίκης εἰσιέναι εἰς τὸ δικαστήριον ἐδέοντο ἡμῶν ἐπιτρέψαι τινί· καὶ ἡμεῖς ἐπετρέψαμεν Θεοδότῳ ἰσοτελεῖ κατὰ συνθήκας. καὶ ὁ Λάμπις μετὰ ταῦτα νομίσας αὑτῷ ἀσφαλὲς ἤδη εἶναι [πρὸς διαιτητῇ] μαρτυρεῖν ὅ τι βούλοιτο, μερισάμενος τὸ ἐμὸν χρυσίον μετὰ Φορμίωνος τουτουί, ἐμαρτύρει τἀναντία οἷς πρότερον εἰρήκει.

[¶18] 19. For it is not the same thing, men of Athens, to give false testimony while face to face with you and to do so before an arbitrator. With you heavy indignation and severe penalty await those who bear false witness; but before an arbitrator they give what testimony they please without risk and without shame. When I expostulated and expressed strong indignation, men of Athens, at the effrontery of Lampis, and produced before the arbitrator the same testimony as I now produce before you—that, namely, of the persons who at the first went to him with me, when he stated that he had not received the money from Phormio, and that Phormio had not put the goods on board the ship—Lampis, being so plainly convicted of bearing false witness and of playing the rogue, admitted that he had made the statement to my partner here, but declared that he was out of his mind when he made it.

> Greek: 19. οὐ γὰρ ὅμοιόν ἐστιν, ὦ ἄνδρες Ἀθηναῖοι, εἰς τὰ ὑμέτερα πρόσωπα ἐμβλέποντα τὰ ψευδῆ μαρτυρεῖν καὶ πρὸς διαιτητῇ· παρʼ ὑμῖν μὲν γὰρ ὀργὴ μεγάλη καὶ τιμωρία ὑπόκειται τοῖς τὰ ψευδῆ μαρτυροῦσιν, πρὸς δὲ τῷ διαιτητῇ ἀκινδύνως καὶ ἀναισχύντως μαρτυροῦσιν ὅ τι ἂν βούλωνται. ἀγανακτοῦντος δέ μου καὶ σχετλιάζοντος, ὦ ἄνδρες Ἀθηναῖοι, ἐπὶ τῇ τόλμῃ τοῦ Λάμπιδος, καὶ παρεχομένου πρὸς τὸν διαιτητὴν τὴν αὐτὴν μαρτυρίαν ἥνπερ καὶ νῦν πρὸς ὑμᾶς παρέχομαι, τῶν ἐξ ἀρχῆς προσελθόντων αὐτῷ μεθʼ ἡμῶν, ὅτε οὔτε τὸ χρυσίον ἔφη ἀπειληφέναι παρὰ τούτου οὔτε τὰ χρήματα αὐτὸν ἐνθέσθαι εἰς τὴν ναῦν, οὕτως ὁ Λάμπις κατὰ κράτος ἐξελεγχόμενος τὰ ψευδῆ μαρτυρῶν καὶ πονηρὸς ὤν, ὡμολόγει μὲν εἰρηκέναι ταῦτα πρὸς τοῦτον, οὐ μέντοι γε ἐντὸς ὢν εἰπεῖν αὑτοῦ.

[¶19] 20. Now read me this deposition. The Deposition [
The partner of Chrysippus now speaks.]

> Greek: 20. καί μοι ἀνάγνωθι ταύτην τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.

[¶20] 21. Theodotus, men of Athens, after hearing us several times, and being convinced that Lampis was giving false testimony, did not dismiss the suit, but referred us to the court. He was loth to give an adverse decision because he was a friend of this man Phormio, as we afterwards learned, yet he hesitated to dismiss the suit lest he should himself commit perjury.

> Greek: 21. ἀκούσας τοίνυν ἡμῶν, ὦ ἄνδρες Ἀθηναῖοι, ὁ Θεόδοτος πολλάκις, καὶ νομίσας τὸν Λάμπιν ψευδῆ μαρτυρεῖν, οὐκ ἀπέγνω τῆς δίκης, ἀλλʼ ἀφῆκεν ἡμᾶς εἰς τὸ δικαστήριον· καταγνῶναι μὲν γὰρ οὐκ ἐβουλήθη διὰ τὸ οἰκείως ἔχειν Φορμίωνι τουτῳί, ὡς ἡμεῖς ὕστερον ἐπυθόμεθα, ἀπογνῶναι δὲ τῆς δίκης ὤκνει, ἵνʼ αὐτὸς μὴ ἐπιορκήσειεν.

[¶21] 22. Now, in the light of the facts themselves, consider in your own minds, men of the jury, what means the man was likely to have for discharging the debt. He sailed from this port without having put the goods on board the ship, and having no adequate security; on the contrary, he had made additional loans on the credit of the money lent by me. In Bosporus he found no market for his wares, and had difficulty in getting rid of those who had lent money for the outward-voyage.

> Greek: 22. ἐξ αὐτοῦ δὴ τοῦ πράγματος λογίσασθε, ὦ ἄνδρες δικασταί, παρʼ ὑμῖν αὐτοῖς, ὁπόθεν ἔμελλεν οὗτος ἀποδώσειν τὸ χρυσίον. ἐνθένδε μὲν γὰρ ἐξέπλει οὐκ ἐνθέμενος εἰς τὴν ναῦν τὰ χρήματα καὶ ὑποθήκην οὐκ ἔχων, ἀλλʼ ἐπὶ τοῖς ἐμοῖς χρήμασιν ἐπιδανεισάμενος· ἐν Βοσπόρῳ δʼ ἀπρασίαν τῶν φορτίων κατέλαβεν, καὶ τοὺς τὰ ἑτερόπλοα δανείσαντας μόλις ἀπήλλαξεν.

[¶22] 23. My partner here had lent him two thousand drachmae for the double voyage on terms that he should receive at Athens two thousand six hundred drachmae; but Phormio declares that he paid Lampis in Bosporus one hundred and twenty Cyzicene staters (note this carefully) which he borrowed at the interest paid on loans secured by real property. Now interest on real security was sixteen and two-thirds percent, and the Cyzicene stater was worth there twenty-eight Attic drachmae.

> Greek: 23. καὶ οὗτος μὲν ἐδάνεισεν αὐτῷ δισχιλίας δραχμὰς ἀμφοτερόπλουν, ὥστʼ ἀπολαβεῖν Ἀθήνησιν δισχιλίας ἑξακοσίας δραχμάς· Φορμίων δέ φησιν ἀποδοῦναι Λάμπιδι ἐν Βοσπόρῳ ἑκατὸν καὶ εἴκοσι στατῆρας Κυζικηνούς (τούτῳ γὰρ προσέχετε τὸν νοῦν) δανεισάμενος ἐγγείων τόκων. ἦσαν δὲ ἔφεκτοι οἱ ἔγγειοι τόκοι, ὁ δὲ Κυζικηνὸς ἐδύνατο ἐκεῖ εἴκοσι καὶ ὀκτὼ δραχμὰς Ἀττικάς.

[¶23] 24. It is necessary that you should understand how large a sum he claims to have paid. A hundred and twenty staters amount to three thousand three hundred and sixty drachmae, and the interest at the land rate of sixteen and two-thirds percent on thirty-three minae and sixty drachmae is five hundred and sixty drachmae, and the total amount comes to so much.

> Greek: 24. δεῖ δὴ μαθεῖν ὑμᾶς ὅσα φησὶν χρήματα ἀποδεδωκέναι. τῶν μὲν γὰρ ἑκατὸν εἴκοσι στατήρων γίγνονται τρισχίλιαι τριακόσιαι ἑξήκοντα, ὁ δὲ τόκος ὁ ἔγγειος ὁ ἔφεκτος [τῶν τριάκοντα μνῶν καὶ τριῶν καὶ ἑξήκοντα] πεντακόσιαι δραχμαὶ καὶ ἑξήκοντα· τὸ δὲ σύμπαν κεφάλαιον γίγνεται τόσον καὶ τόσον.

[¶24] 25. Now, men of the jury, is there a man, or will the man ever be born, who, instead of twenty-six hundred drachmae would prefer to pay thirty minae and three hundred and sixty drachmae, and as interest five hundred and sixty drachmae by virtue of his loan, both which sums Phormio says he has paid Lampis, in all three thousand nine hundred and twenty drachmae? And when he might have paid the money in Athens, seeing that it had been lent for the double voyage, has he paid it in Bosporus, and too much by thirteen minae?

> Greek: 25. ἔστιν οὖν, ὦ ἄνδρες δικασταί, οὗτος ὁ ἄνθρωπος ἢ γενήσεταί ποτε, ὃς ἀντὶ δισχιλίων ἑξακοσίων δραχμῶν τριάκοντα μνᾶς καὶ τριακοσίας καὶ ἑξήκοντα ἀποτίνειν προείλετʼ ἄν, καὶ τόκον πεντακοσίας δραχμὰς καὶ ἑξήκοντα δανεισάμενος, ἅς φησιν ἀποδεδωκέναι Φορμίων Λάμπιδι, τρισχιλίας ἐνακοσίας εἴκοσι; ἐξὸν δʼ αὐτῷ ἀμφοτερόπλουν Ἀθήνησιν ἀποδοῦναι τὸ ἀργύριον, ἐν Βοσπόρῳ ἀπέδωκε, τρισὶ καὶ δέκα μναῖς πλέον;

[¶25] 26. And to the creditors who lent money for the outward voyage you had difficulty in paying the principal, though they sailed with you and kept pressing you for payment; yet to this man who was not present, you not only returned both principal and interest, but also paid the penalties arising from the agreement though you were under no necessity of doing so?

> Greek: 26. καὶ τοῖς μὲν τὰ ἑτερόπλοα δανείσασι μόλις τἀρχαῖον ἀποδέδωκας, οἳ συνέπλευσάν σοι καὶ προσήδρευον· τούτῳ δὲ τῷ μὴ παρόντι οὐ μόνον τἀρχαῖα καὶ τοὺς τόκους ἀπεδίδους, ἀλλὰ καὶ τὰ ἐπιτίμια τὰ ἐκ τῆς συγγραφῆς ἀπέτινες, οὐδεμιᾶς σοι ἀνάγκης οὔσης;

[¶26] 27. And you had no fear of those men, to whom their agreements gave the right of exacting payment in Bosporus, but declare that you had regard for the claims of my partner, though you wronged him at the outset by not putting on board the goods according to your agreement in setting out from Athens? And now that you have come back to the port where the loan was made, you do not hesitate to defraud the lender, though you claim to have done more than justice required in Bosporus, where you were not likely to be punished?

> Greek: 27. κἀκείνους μὲν οὐκ ἐδεδίεις, οἷς αἱ συγγραφαὶ ἐν Βοσπόρῳ τὴν πρᾶξιν ἐδίδοσαν τοῦ δανείου· τούτου δὲ φὴς φροντίζειν, ὃν ἐξ ἀρχῆς εὐθὺς ἠδίκεις οὐκ ἐνθέμενος τὰ χρήματα εἰς τὴν ναῦν κατὰ τὴν συγγραφὴν Ἀθήνηθεν; καὶ νῦν μὲν εἰς τὸ ἐμπόριον ἥκων, οὗ τὸ συμβόλαιον ἐγένετο, οὐκ ὀκνεῖς ἀποστερεῖν τὸν δανείσαντα· ἐν Βοσπόρῳ δὲ πλείω τῶν δικαίων φὴς ποιεῖν, οὗ δίκην οὐκ ἔμελλες δώσειν;

[¶27] 28. All other men who borrow for the outward and homeward voyage, when they are about to set sail from their several ports, take care to have many witnesses present, and call upon them to attest that the lender’s risk begins from that moment; but you rely upon the single testimony of the very man who is your partner in the fraud. You did not bring as a witness my slave who was in Bosporus or my partner, nor did you deliver to them the letters which we gave into your charge, and in which were written instructions that they should keep close watch on you in whatever you might do!

> Greek: 28. καὶ οἱ μὲν ἄλλοι πάντες οἱ τὰ ἀμφοτερόπλοα δανειζόμενοι, ὅταν ἀποστέλλωνται ἐκ τῶν ἐμπορίων, πολλοὺς παρίστανται, ἐπιμαρτυρόμενοι ὅτι τὰ χρήματα ἤδη κινδυνεύεται τῷ δανείσαντι· σὺ δʼ ἑνὶ σκήπτει μάρτυρι αὐτῷ τῷ συναδικοῦντι, καὶ οὔτε τὸν παῖδα τὸν ἡμέτερον παρέλαβες ἐν Βοσπόρῳ ὄντα οὔτε τὸν κοινωνόν, οὐδὲ τὰς ἐπιστολὰς ἀπέδωκας αὐτοῖς, ἃς ἡμεῖς ἐπεθήκαμεν, ἐν αἷς ἐγέγραπτο παρακολουθεῖν σοι οἷς ἂν πράττῃς;

[¶28] 29. Why, men of Athens, what is there which a man of this stamp is not capable of doing, who, after receiving letters, did not deliver them in due and proper course? Or how can you fail to see that his own acts prove his guilt? Surely (O Earth and the Gods) when he was paying back so large a sum, and more than the amount of his loan, it was fitting that he should make it a much talked of event on the exchange and to invite all men to be present; but especially the servant and partner of Chrysippus.

> Greek: 29. καίτοι, ὦ ἄνδρες δικασταί, τί οὐκ ἂν πράξειεν ὁ τοιοῦτος, ὅστις γράμματα λαβὼν μὴ ἀποδέδωκεν ὀρθῶς καὶ δικαίως; ἢ πῶς οὐ φανερόν ἐστιν ὑμῖν τὸ τούτου κακούργημα ἐξ αὐτῶν ὧν ἔπραττεν; καίτοι, ὦ γῆ καὶ θεοί, προσῆκέν γε τοσοῦτο χρυσίον ἀποδιδόντα, καὶ πλέον τοῦ δανείσματος, περιβόητον ποιεῖν ἐν τῷ ἐμπορίῳ, καὶ παρακαλεῖν πάντας ἀνθρώπους, πρῶτον δὲ τὸν παῖδα τὸν τούτου καὶ τὸν κοινωνόν·

[¶29] 30. For you all know, I fancy, that men borrow with few witnesses, but, when they pay, they take care to have many witnesses present, that they may win a reputation for honesty in business dealings. But in your case, when you were paying back both the debt and the interest on both voyages, though you had used the money for the outward voyage only, and were adding thirteen minae besides, should you not have caused many witnesses to be present? Had you done so, there is not a single merchant who would have been held in higher esteem than you.

> Greek: 30. ἴστε γὰρ δήπου πάντες ὅτι δανείζονται μὲν μετʼ ὀλίγων μαρτύρων, ὅταν δʼ ἀποδιδῶσιν, πολλοὺς παρίστανται μάρτυρας, ἵνα ἐπιεικεῖς δοκῶσιν εἶναι περὶ τὰ συμβόλαια. σοὶ δʼ ἀποδιδόντι τό τε δάνειον καὶ τοὺς τόκους ἀμφοτέρους, ἑτερόπλῳ τῷ ἀργυρίῳ κεχρημένῳ, καὶ προστιθέντι ἑτέρας τρεῖς καὶ δέκα μνᾶς, πῶς οὐχὶ πολλοὺς ἦν παραληπτέον μάρτυρας; καὶ εἰ τοῦτο ἔπραξας, οὐδʼ ἂν εἷς σοῦ μᾶλλον τῶν πλεόντων ἐθαυμάζετο.

[¶30] 31. But, as it was, instead of securing many witnesses to these acts you did everything you could that none should know, as though you were committing some crime! Again, had you been making payment to me, your creditor, in person, there would have been no need of witnesses, for you would have taken back the agreement and so got rid of the obligation; whereas in making payment, not to me, but to another on my behalf, and not at Athens but in Bosporus, when your agreement was deposited at Athens and with me, and when the man to whom you paid the money was mortal and about to undertake a voyage over such a stretch of sea, you called no one as a witness, whether slave or freeman.

> Greek: 31. σὺ δʼ ἀντὶ τοῦ πολλοὺς μάρτυρας τούτων ποιεῖσθαι πάντας ἀνθρώπους λανθάνειν ἐπειρῶ, ὥσπερ ἀδικῶν τι. καὶ εἰ μὲν ἐμοὶ τῷ δανείσαντι ἀπεδίδους, οὐδὲν ⟨ἂν⟩ ἔδει μαρτύρων· τὴν γὰρ συγγραφὴν ἀνελόμενος ἀπήλλαξο ἂν τοῦ συμβολαίου· νῦν δʼ οὐκ ἐμοί, ἀλλʼ ἑτέρῳ ὑπὲρ ἐμοῦ ἀποδιδούς, καὶ οὐκ Ἀθήνησιν, ἀλλʼ ἐν Βοσπόρῳ, καὶ τῆς συγγραφῆς σοι κειμένης Ἀθήνησι καὶ πρὸς ἐμέ, καὶ ᾧ τὸ χρυσίον ἀπεδίδους ὄντος θνητοῦ καὶ πέλαγος τοσοῦτον μέλλοντος πλεῖν, μάρτυρα οὐδένα ἐποιήσω, οὔτε δοῦλον οὔτʼ ἐλεύθερον.

[¶31] 32. Yes, he says, for the agreement bade me pay the cash to the shipowner. But it did not prevent you from summoning witnesses, or from delivering the letters! The parties here present drew up two agreements with you in the matter of the loan, showing that they greatly distrusted you, but you assert that without a single witness you paid the gold to the shipowner, although you well know that an agreement against yourself was deposited at Athens with my colleague here!

> Greek: 32. ἡ γὰρ συγγραφή με, φησί, τῷ ναυκλήρῳ ἐκέλευεν ἀποδοῦναι τὸ χρυσίον. μάρτυρας δέ γʼ οὐκ ἐκώλυεν παρακαλεῖν, οὐδὲ τὰς ἐπιστολὰς ἀποδοῦναι. καὶ οἵδε μὲν πρὸς σὲ δύο συγγραφὰς ἐποιήσαντο ὑπὲρ τοῦ συμβολαίου, ὡς ἂν οἱ μάλιστʼ ἀπιστοῦντες· σὺ δὲ μόνος μόνῳ φὴς δοῦναι τῷ ναυκλήρῳ τὸ χρυσίον, εἰδὼς κατὰ σοῦ κειμένην Ἀθήνησι συγγραφὴν πρὸς τοῦτον.

[¶32] 33. He says that the agreement bids him pay back the money, “when the ship reaches port in safety.” Yes, and it bids you also to put on board the ship the goods purchased, or else to pay a fine of five thousand drachmae. You ignore this clause in the agreement, but after having from the first violated its provisions by failing to put the goods on board, you raise a dispute about a single phrase in it, though you have by your own act rendered it null and void. For when you state that you did not put the goods on board in Bosporus, but paid the cash to the shipowner, why do you still go on talking about the ship? For you have had no share in the risk, since you put nothing on board.

> Greek: 33. λέγει δὲ ὡς ἡ συγγραφὴ σωθείσης τῆς νεὼς αὐτὸν ἀποδοῦναι κελεύει τὰ χρήματα. καὶ γὰρ ἐνθέσθαι τἀγοράσματα εἰς τὴν ναῦν κελεύει σε, εἰ δὲ μή, πεντακισχιλίας δραχμὰς ἀποτίνειν. σὺ δὲ τοῦτο μὲν τῆς συγγραφῆς οὐ λαμβάνεις, παραβεβηκὼς δʼ εὐθὺς ἐξ ἀρχῆς καὶ τὰ χρήματα οὐκ ἐνθέμενος ἀμφισβητεῖς πρὸς ἓν ῥῆμα τῶν ἐν τῇ συγγραφῇ, καὶ τοῦτʼ ἀνῃρηκὼς αὐτός. ὁπότε γὰρ ἐν τῷ Βοσπόρῳ φὴς μὴ τὰ χρήματα ἐνθέσθαι εἰς τὴν ναῦν, ἀλλὰ τὸ χρυσίον τῷ ναυκλήρῳ ἀποδοῦναι, τί ἔτι περὶ τῆς νεὼς διαλέγει; οὐ γὰρ μετέσχηκας τοῦ κινδύνου διὰ τὸ μηδὲν ἐνθέσθαι.

[¶33] 34. At first, men of Athens, he seized upon this excuse, pretending that he had shipped the goods; but when he saw that the falsity of this claim was likely to be exposed in many ways,—by the entry filed with the harbor-masters in Bosporus, and by the testimony of those who were staying in the port at the same time—then he changes his tack, enters into a conspiracy with Lampis, and declares that he has paid him the money in cash, finding a support for his plea in the fact that the agreement so ordered, and thinking that we should not find it easy to get at the truth regarding all that they did by themselves alone.

> Greek: 34. καὶ τὸ μὲν πρῶτον, ὦ ἄνδρες δικασταί, ὥρμησεν ἐπὶ ταύτην τὴν σκῆψιν, ὡς ἐντεθειμένος τὰ χρήματα εἰς τὴν ναῦν· ἐπειδὴ δὲ τοῦτο ἐκ πολλῶν ἔμελλεν ἐλεγχθήσεσθαι ψευδόμενος, ἔκ τε τῆς ἀπογραφῆς τῆς ἐν Βοσπόρῳ παρὰ τοῖς ἐλλιμενισταῖς καὶ ὑπὸ τῶν ἐν τῷ ἐμπορίῳ ἐπιδημούντων κατὰ τὸν αὐτὸν χρόνον, τηνικαῦτα μεταβαλόμενος συνίσταται μετὰ τοῦ Λάμπιδος καί φησιν ἐκείνῳ τὸ χρυσίον ἀποδεδωκέναι, ἐφόδιον μὲν λαβὼν τὸ τὴν συγγραφὴν κελεύειν, οὐκ ἂν ἡγούμενος δʼ ἡμᾶς εὐπόρως ἐξελέγξαι ὅσα μόνοι πρὸς αὑτοὺς αὐτοὶ πράξειαν.

[¶34] 35. And Lampis declares that all that he said to me before he was corrupted by this Phormio was spoken when he was out of his head; but as soon as he got a share of my money, he declares that he is in his right mind and remembers everything perfectly!

> Greek: 35. καὶ ὁ Λάμπις, ὅσα μὲν εἶπεν πρὸς ἐμὲ πρὶν ὑπὸ τούτου διαφθαρῆναι, οὐκ ἐντὸς ὢν αὑτοῦ φησιν εἰπεῖν· ἐπειδὴ δὲ τὸ χρυσίον τοὐμὸν ἐμερίσατο, τότʼ ἐντὸς εἶναί φησιν αὑτοῦ καὶ πάντʼ ἀκριβῶς μνημονεύειν.

[¶35] 36. Now, men of the jury, if it were toward myself only that Lampis were showing contempt, it would be nothing to cause surprise; but in reality he has acted far more outrageously than Phormio toward you all. For when Paerisades had published a decree in Bosporus that whoever wished to transport grain to Athens for the Athenian market might export it free of duty, Lampis, who was at the time in Bosporus, obtained permission to export grain and the exemption from duty in the name of the state; and having loaded a large vessel with grain, carried it to Acanthus and there disposed of it,—he, who had made himself the partner of Phormio here with our money.

> Greek: 36. εἰ μὲν οὖν, ὦ ἄνδρες δικασταί, ἐμοῦ μόνου κατεφρόνει Λάμπις, οὐδὲν ἂν ἦν θαυμαστόν· νῦν δὲ πολλῷ δεινότερα τούτου πέπρακται αὐτῷ πρὸς πάντας ὑμᾶς. κήρυγμα γὰρ ποιησαμένου Παιρισάδου ἐν Βοσπόρῳ, ἐάν τις βούληται Ἀθήναζε εἰς τὸ Ἀττικὸν ἐμπόριον σιτηγεῖν, ἀτελῆ τὸν σῖτον ἐξάγειν, ἐπιδημῶν ἐν τῷ Βοσπόρῳ ὁ Λάμπις ἔλαβε τὴν ἐξαγωγὴν τοῦ σίτου καὶ τὴν ἀτέλειαν ἐπὶ τῷ τῆς πόλεως ὀνόματι, γεμίσας δὲ ναῦν μεγάλην σίτου ἐκόμισεν εἰς Ἄκανθον κἀκεῖ διέθετο ⟨ὁ⟩ προσκοινωνήσας τούτῳ ἀπὸ τῶν ὑμετέρων χρημάτων.

[¶36] 37. And he did this, men of the jury, though he was resident at Athens, and had a wife and children here, and although the laws have prescribed the severest penalties if anyone resident at Athens should transport grain to any other place than to the Athenian market; besides, he did this at a critical time, when those of you who dwelt in the city were having their barley-meal measured out to them in the Odeum, and those who dwelt in Peiraeus were receiving their loaves at an obol each in the dockyard and in the long-porch, having their meal measured out to them a gallon at a time, and being nearly trampled to death. In proof that my words are true, take, please, the deposition and the law. The Deposition. The Law Phormio, then, with the help of this fellow as his accomplice and witness, thinks proper to rob us of our money—us, who have continually brought grain to your market, and who in three crises which have come upon the state, during which you put to the test those who were of service to the people, have not once been found wanting.

> Greek: 37. καὶ ταῦτʼ ἔπραξεν, ὦ ἄνδρες δικασταί, οἰκῶν μὲν Ἀθήνησιν, οὔσης δʼ αὐτῷ γυναικὸς ἐνθάδε καὶ παίδων, τῶν δὲ νόμων τὰ ἔσχατα ἐπιτίμια προτεθηκότων, εἴ τις οἰκῶν Ἀθήνησιν ἄλλοσέ ποι σιτηγήσειεν ἢ εἰς τὸ Ἀττικὸν ἐμπόριον, ἔτι δʼ ἐν τοιούτῳ καιρῷ, ἐν ᾧ ὑμῶν οἱ μὲν ἐν τῷ ἄστει οἰκοῦντες διεμετροῦντο τὰ ἄλφιτα ἐν τῷ ᾠδείῳ, οἱ δʼ ἐν τῷ Πειραιεῖ ἐν τῷ νεωρίῳ ἐλάμβανον κατʼ ὀβολὸν τοὺς ἄρτους καὶ ἐπὶ τῆς μακρᾶς στοᾶς τὰ ἄλφιτα, καθʼ ἡμίεκτον μετρούμενοι καὶ καταπατούμενοι. καὶ ὅτι ἀληθῆ λέγω, λαβέ μοι τήν τε μαρτυρίαν καὶ τὸν νόμον. ΜΑΡΤΥΡΙΑ. ΝΟΜΟΣ.

[¶37] 38. Nay, when Alexander entered Thebes, we made you a free gift of a talent in cash; and when grain earlier advanced in price and reached sixteen drachmae, we imported more than ten thousand medimni of wheat, and measured it out to you at the normal price of five drachmae a medimnus, and you all know that you had this measured out to you in the Pompeium. And last year my brother and I made a free gift of a talent to buy grain for the people. Read, please, the depositions which establish these facts. The Depositions Surely, if any inference may be based upon these facts, it is not likely that we should freely give such large sums in order to win a good name among you, and then should bring a false accusation against Phormio in order to throw away even the reputation for honorable dealing which we had won.

> Greek: 38. Φορμίων τοίνυν τούτῳ χρώμενος κοινωνῷ καὶ μάρτυρι οἴεται δεῖν ἀποστερῆσαι τὰ χρήματα ἡμᾶς, οἵ γε σιτηγοῦντες διατετελέκαμεν εἰς τὸ ὑμέτερον ἐμπόριον, καὶ τριῶν ἤδη καιρῶν κατειληφότων τὴν πόλιν, ἐν οἷς ὑμεῖς τοὺς χρησίμους τῷ δήμῳ ἐξητάζετε, οὐδενὸς τούτων ἀπολελείμμεθα, ἀλλʼ ὅτε μὲν εἰς Θήβας Ἀλέξανδρος παρῄει, ἐπεδώκαμεν ὑμῖν τάλαντον ἀργυρίου· ὅτε δʼ ὁ σῖτος ἐπετιμήθη ⟨τὸ⟩ πρότερον καὶ ἐγένετο ἑκκαίδεκα δραχμῶν, εἰσαγαγόντες πλείους ἢ μυρίους μεδίμνους πυρῶν διεμετρήσαμεν ὑμῖν τῆς καθεστηκυίας τιμῆς, πέντε δραχμῶν τὸν μέδιμνον, καὶ ταῦτα πάντες ἴστε ἐν τῷ πομπείῳ διαμετρούμενοι· πέρυσι δὲ εἰς τὴν σιτωνίαν τὴν ὑπὲρ τοῦ δήμου τάλαντον ὑμῖν ἐπεδώκαμεν ἐγώ τε καὶ ὁ ἀδελφός. καί μοι ἀνάγνωθι τούτων τὰς μαρτυρίας. ΜΑΡΤΥΡΙΑΙ.

[¶38] 40. It is right, therefore, that you should come to our aid, men of the jury. I have shown you that Phormio in the first place did not put on board the vessel goods to the value of all the loans which he had secured at Athens, and that with the proceeds from the goods sold in Bosporus he with difficulty satisfied his creditors who had lent money for the outward voyage; further, that he was not well off, and not so foolish as to pay thirty-nine minae instead of twenty-six hundred drachmae; and besides all this, that when, as he says, he paid the money to Lampis he summoned neither my slave nor my partner, who was at the time in Bosporus, as a witness. Again, Lampis himself is shown to have testified to me, before he was corrupted by Phormio, that he had not received the money.

> Greek: 40. ἀλλὰ μὴν εἴ γε δεῖ καὶ τούτοις τεκμαίρεσθαι, οὐκ εἰκὸς ἦν ἐπιδιδόναι μὲν ἡμᾶς τοσαῦτα χρήματα, ἵνα παρʼ ὑμῖν εὐδοξῶμεν, συκοφαντεῖν δὲ Φορμίωνα, ἵνα καὶ τὴν ὑπάρχουσαν ἐπιείκειαν ἀποβάλωμεν. δικαίως ἂν οὖν βοηθήσαιτε ἡμῖν, ὦ ἄνδρες δικασταί. ἐπέδειξα γὰρ ὑμῖν οὔτʼ ἐξ ἀρχῆς τὰ φορτία ἐνθέμενον τοῦτον εἰς τὴν ναῦν ἁπάντων ὧν ἐδανείσατο Ἀθήνηθεν, τῶν τʼ ἐν τῷ Βοσπόρῳ πραθέντων τοὺς τὰ ἑτερόπλοα δανείσαντας μόλις διαλύσαντα, ἔτι δʼ οὔτʼ εὐποροῦντα οὔθʼ οὕτως ὄντʼ ἀβέλτερον ὥστʼ ἀντὶ δισχιλίων καὶ ἑξακοσίων δραχμῶν τριάκοντα μνᾶς καὶ ἐννέα ἀποδοῦναι, πρός τε τούτοις, ὅτε ἀποδοῦναί φησιν τὸ χρυσίον τῷ Λάμπιδι, οὔτε τὸν παῖδα παραλαβόντα τὸν ἐμὸν οὔτε τὸν κοινωνὸν ἐπιδημοῦντα ἐν Βοσπόρῳ. ἐμοὶ δὲ Λάμπις αὐτὸς μαρτυρῶν φαίνεται ὡς οὐκ ἀπείληφεν τὸ χρυσίον, πρὶν ὑπὸ τούτου διαφθαρῆναι.

[¶39] 42. Yet, if Phormio were thus to prove his case point by point, I do not see what better defence he could have made. But that the action is admissible the law itself solemnly declares, when it maintains that mercantile actions are those for contracts made at Athens or for the Athenian market, and not only those made at Athens, but all that are made for the purpose of a voyage to Athens. Please take the laws. The Laws That the contract has been entered into between Phormio and myself at Athens even our opponents themselves do not deny, but they enter a special plea alleging that the action is not admissible.

> Greek: 42. καίτοι εἰ καθʼ ἓν ἕκαστον οὕτως ἐδείκνυεν Φορμίων, οὐκ οἶδʼ ὅπως ἂν ἄλλως ἄμεινον ἀπελογήσατο. ὑπὲρ δὲ τοῦ τὴν δίκην εἰσαγώγιμον εἶναι ὁ νόμος αὐτὸς διαμαρτύρεται, κελεύων τὰς δίκας εἶναι τὰς ἐμπορικὰς τῶν συμβολαίων τῶν Ἀθήνησιν καὶ εἰς τὸ Ἀθηναίων ἐμπόριον, καὶ οὐ μόνον τῶν Ἀθήνησιν, ἀλλὰ καὶ ὅσα ἂν γένηται ἕνεκα τοῦ πλοῦ τοῦ Ἀθήναζε. λαβὲ δή μοι τοὺς νόμους. ΝΟΜΟΙ.

[¶40] 43. But to what tribunal shall we come, men of the jury, if not to you, since it was here in Athens that we made our contract? It would be hard indeed that, if a wrong had been done me in connection with a voyage to Athens, I should be able to get satisfaction from Phormio in your court, but, when the contract has been made in your market, these men should say that they will not be tried before you.

> Greek: 43. ὡς μὲν τοίνυν γέγονέ μοι τὸ συμβόλαιον πρὸς Φορμίωνʼ Ἀθήνησιν, οὐδʼ αὐτοὶ ἔξαρνοί εἰσιν, παραγράφονται δὲ ὡς οὐκ εἰσαγώγιμον τὴν δίκην οὖσαν. ἀλλʼ εἰς ποῖον δικαστήριον εἰσέλθωμεν, ἄνδρες δικασταί, εἰ μὴ πρὸς ὑμᾶς, οὗπερ τὸ συμβόλαιον ἐποιησάμεθα; δεινὸν γὰρ ἂν εἴη, εἰ μὲν ἕνεκα τοῦ πλοῦ τοῦ Ἀθήναζε ἠδικούμην, εἶναι ⟨ἄν⟩ μοι παρʼ ὑμῖν τὸ δίκαιον λαβεῖν παρὰ Φορμίωνος, ἐπειδὴ δὲ τὸ συμβόλαιον ἐν τῷ ὑμετέρῳ ἐμπορίῳ γέγονεν, μὴ φάσκειν παρʼ ὑμῖν τούτους ὑφέξειν τὴν δίκην.

[¶41] 44. When we referred the case to Theodotus for arbitration, they admitted that my action against them was admissible; but now they say what is the direct opposite of what they have themselves before admitted; as if, forsooth, it were proper that they should be tried before Theodotus, the privileged alien, without a special plea, but, when we enter the Athenian court, the action should no longer be admissible.

> Greek: 44. καὶ ὅτε μὲν Θεοδότῳ τὴν δίαιταν ἐπετρέψαμεν, ὡμολόγησαν εἶναι καθʼ αὑτῶν ἐμοὶ τὴν δίκην εἰσαγώγιμον· νυνὶ δὲ τοὐναντίον λέγουσιν ὧν πρότερον αὐτοὶ συγκεχωρήκασιν, ὡς δέον παρὰ μὲν τῷ Θεοδότῳ τῷ ἰσοτελεῖ ὑποσχεῖν αὐτοὺς δίκην ἄνευ παραγραφῆς, ἐπειδὴ δὲ εἰς τὸ Ἀθηναίων δικαστήριον εἰσερχόμεθα, μηκέτʼ εἰσαγώγιμον τὴν δίκην εἶναι.

[¶42] 45. I for my part am trying to conceive what in the world he would have written in the special plea, if Theodotus had dismissed the suit, when now, after Theodotus has decreed that we should go into court, he declares that the action is not one that can be brought before you, to whom Theodotus bade us go. Surely I should suffer most cruel treatment if, when the laws declare that suits growing out of contracts made at Athens shall be brought before the Thesmothetae, you, who have sworn to decide according to the laws, should dismiss the suit.

> Greek: 45. ἐνθυμοῦμαι δʼ ἔγωγε, τί ἄν ποτε εἰς τὴν παραγραφὴν ἔγραψεν, εἰ ὁ Θεόδοτος ἀπέγνω τῆς δίκης, ὅπου νῦν γνόντος τοῦ Θεοδότου ἀπιέναι ἡμᾶς εἰς τὸ δικαστήριον οὔ φησι τὴν δίκην εἶναι εἰσαγώγιμον παρʼ ὑμῖν, πρὸς οὓς ἐκεῖνος ἔγνω ἀπιέναι. πάθοιμι μέντἂν δεινότατα, εἰ οἱ μὲν νόμοι τῶν Ἀθήνησι συμβολαίων κελεύουσι τὰς δίκας εἶναι πρὸς τοὺς θεσμοθέτας, ὑμεῖς δὲ ἀπογνοίητε τῆς δίκης ὀμωμοκότες κατὰ τοὺς νόμους ψηφιεῖσθαι.

[¶43] 46. That we lent the money is attested by the agreement, and by Phormio himself; that it has been repaid is attested by no one except Lampis, who is an accomplice in the crime. Phormio claims to prove the payment on the testimony of Lampis alone, but I adduce Lampis and those who heard him declare that he had not received the money. Further, Phormio is in a position to bring my witnesses to trial, if he maintains that their testimony is false, but I have no means of dealing with his witnesses, who say they know that Lampis testified that he had received the money. If Lampis’s own deposition had been put into court, these men would perhaps have said that I ought to prosecute him for giving false testimony; but, as it is, I have not this deposition, and Phormio thinks he should get off unscathed, since he has left no valid security for the verdict which he urges you to pronounce.

> Greek: 46. τοῦ μὲν οὖν δανεῖσαι ἡμᾶς τὰ χρήματα αἵ τε συνθῆκαι καὶ αὐτὸς οὗτός ἐστι μάρτυς· τοῦ δʼ ἀποδεδωκέναι οὐδείς ἐστι μάρτυς ἔξω τοῦ Λάμπιδος τοῦ συναδικοῦντος. καὶ οὗτος μὲν εἰς ἐκεῖνον μόνον ἀναφέρει τὴν ἀπόδοσιν, ἐγὼ δʼ εἴς τε τὸν Λάμπιν αὐτὸν καὶ τοὺς ἀκούσαντας αὐτοῦ ὅτε οὐκ ἔφη ἀπειληφέναι τὸ χρυσίον. τούτῳ μὲν οὖν τοὺς ἐμοὺς μάρτυρας ἔξεστι κρίνειν, εἰ μή φησι τἀληθῆ μαρτυρεῖν αὐτούς· ἐγὼ δʼ οὐκ ἔχω τί χρήσωμαι τοῖς τούτου μάρτυσιν, οἵ φασιν εἰδέναι τὸν Λάμπιν μαρτυροῦντα ἀπειληφέναι τὸ χρυσίον. εἰ μὲν γὰρ ἡ μαρτυρία ἡ τοῦ Λάμπιδος κατεβάλλετο ἐνταῦθα, ἴσως ἂν ἔφασαν οὗτοι δίκαιον εἶναι ἐπισκήπτεσθαί μʼ ἐκείνῳ· νῦν δʼ οὔτε τὴν μαρτυρίαν ταύτην ἔχω, οὑτοσί τε οἴεται δεῖν ἀθῷος εἶναι οὐδὲν βέβαιον ἐνέχυρον καταλιπὼν ὧν πείθει ὑμᾶς ψηφίζεσθαι.

[¶44] 47. Would it not indeed be absurd if, when Phormio admits that he borrowed, but alleges that he has made payment, you should make of none effect that which he himself admits and by your vote give effect to what is under dispute? And if, when Lampis, on whose testimony my opponent relies, after at first denying that he had received the money, now testifies to the contrary, you should determine that he has received it, although there are no witnesses to support the fact?

> Greek: 47. πῶς δʼ οὐκ ἂν εἴη ἄτοπον, εἰ αὐτοῦ Φορμίωνος ὁμολογοῦντος δανείσασθαι, φάσκοντος δὲ ἀποδεδωκέναι, τὸ μὲν ὁμολογούμενον ὑπʼ αὐτοῦ τούτου ἄκυρον ποιήσαιτε, τὸ δὲ ἀμφισβητούμενον κύριον ψηφίσαισθε; καὶ ὁ μὲν Λάμπις, ᾧ οὗτος σκήπτεται μάρτυρι, μαρτυρεῖ ἔξαρνος γενόμενος τὸ ἐξ ἀρχῆς ὡς οὐκ ἀπείληφεν τὸ χρυσίον· ὑμεῖς δὲ γνοίητε ὡς ἀπείληφεν ἐκεῖνος, ᾧ οὐκ εἰσὶ μάρτυρες τοῦ πράγματος;

[¶45] 48. And if you refuse to admit as proofs all that he truthfully stated, and should count more worthy of belief the lies which he told after he had been corrupted? Verily, men of Athens, it is far more just to draw conclusions from statements made in the first instance than from those subsequently fabricated; for the former he made truthfully, and not with ulterior purpose, while the later ones are lies designed to further his interests.

> Greek: 48. καὶ ὅσα μὲν εἶπε μετὰ τῆς ἀληθείας, μὴ χρήσαισθε τεκμηρίῳ, ἃ δʼ ἐψεύσατο ὕστερον, ἐπειδὴ διεφθάρη, πιστότερα ταῦθʼ ὑπολάβοιτε εἶναι; καὶ μήν, ὦ ἄνδρες Ἀθηναῖοι, πολὺ δικαιότερόν ἐστιν τοῖς ἐξ ἀρχῆς ῥηθεῖσι τεκμαίρεσθαι μᾶλλον ἢ τοῖς ὕστερον τεκταινομένοις. τὰ μὲν γὰρ οὐκ ἐκ παρασκευῆς, ἀλλʼ ἐκ τῆς ἀληθείας ἔλεγεν, τὰ δʼ ὕστερον ψευδόμενος καὶ πρὸς τὸ συμφέρον αὑτῷ.

[¶46] 49. Remember, men of Athens, that even Lampis himself never denied saying that he had not received the money; he admitted that he so stated, but declared he was not in his right mind at the time. But would it not be absurd for you to accept as worthy of credit that part of his testimony which favors the defrauding party, and to discredit that which favors the party defrauded?

> Greek: 49. ἀναμνήσθητε δέ, ὦ ἄνδρες Ἀθηναῖοι, ὅτι οὐδʼ αὐτὸς ὁ Λάμπις ἔξαρνος ἐγένετο ὡς οὐκ εἴη εἰρηκὼς ὅτι οὐκ ἀπείληφεν τὸ χρυσίον, ἀλλʼ εἰπεῖν μὲν ὡμολόγει, οὐ μέντοι γε ἐντὸς ὢν αὑτοῦ εἰπεῖν. οὔκουν ἄτοπον, εἰ τῆς ἐκείνου μαρτυρίας τὸ μὲν πρὸς τοῦ ἀποστεροῦντος πιστῶς ἀκούσεσθε, τὸ δʼ ὑπὲρ τῶν ἀποστερουμένων ἄπιστον ἔσται παρʼ ὑμῖν;

[¶47] 50. Nay, men of the jury, I beg you, do not do this. You are the same persons who punished with death, when he had been impeached before the assembly, a man who obtained large additional loans on your exchange, and did not deliver to his creditors their securities, though he was a citizen and the son of a man who had been general.

> Greek: 50. μηδαμῶς, ὦ ἄνδρες δικασταί. ὑμεῖς γάρ ἐστε [οἱ] αὐτοὶ οἱ τὸν ἐπιδεδανεισμένον ἐκ τοῦ ἐμπορίου πολλὰ χρήματα καὶ τοῖς δανεισταῖς οὐ παρασχόντα τὰς ὑποθήκας θανάτῳ ζημιώσαντες εἰσαγγελθέντα ἐν τῷ δήμῳ, καὶ ταῦτα πολίτην ὑμέτερον ὄντα καὶ πατρὸς ἐστρατηγηκότος.

[¶48] 51. For you hold that such people not only wrong those who do business with them, but also do a public injury to your mart; and you are right in holding this view. For the resources required by those who engage in trade come not from those who borrow, but from those who lend; and neither ship nor shipowner nor passenger can put to sea, if you take away the part contributed by those who lend.

> Greek: 51. ἡγεῖσθε γὰρ τοὺς τοιούτους οὐ μόνον τοὺς ἐντυγχάνοντας ἀδικεῖν, ἀλλὰ καὶ κοινῇ βλάπτειν τὸ ἐμπόριον ὑμῶν, εἰκότως. αἱ γὰρ εὐπορίαι τοῖς ἐργαζομένοις οὐκ ἀπὸ τῶν δανειζομένων, ἀλλʼ ἀπὸ τῶν δανειζόντων εἰσίν, καὶ οὔτε ναῦν οὔτε ναύκληρον οὔτʼ ἐπιβάτην ἔστʼ ἀναχθῆναι, τὸ τῶν δανειζόντων μέρος ἂν ἀφαιρεθῇ.

[¶49] 52. In the laws there are many excellent provisions for their protection. It is your duty to show that you aid the laws in righting abuses, and that you make no concession to wrongdoers, in order that you may derive the greatest possible benefit from your market. You will do so, if you protect those who risk their money, and do not allow them to be defrauded by monsters such as these. I have said all that it was in my power to say. But I am ready to call another of my friends, if you so bid.

> Greek: 52. ἐν μὲν οὖν τοῖς νόμοις πολλαὶ καὶ καλαὶ βοήθειαί εἰσιν αὐτοῖς· ὑμᾶς δὲ δεῖ συνεπανορθοῦντας φαίνεσθαι καὶ μὴ συγχωροῦντας τοῖς πονηροῖς, ἵνʼ ὑμῖν ὡς πλείστη ὠφέλεια παρὰ τὸ ἐμπόριον ᾖ. ἔσται δέ, ἐὰν διαφυλάττητε τοὺς τὰ ἑαυτῶν προϊεμένους, καὶ μὴ ἐπιτρέπητε ἀδικεῖσθαι ὑπὸ τῶν τοιούτων θηρίων. ἐγὼ μὲν οὖν ὅσαπερ οἷός τʼ ἦν εἴρηκα· καλῶ δὲ καὶ ἄλλον τινὰ τῶν φίλων, ἐὰν κελεύητε.