Delphi Complete Works of Demosthenes, page 481
[12] εἶτα νῦν παρακρούσασθαι ζητεῖ καὶ φενακίζει, λέγων ὡς πρότερον τοὺς ὅρους ἔστησεν ἢ ‘κεῖνον τὴν δίκην ὀφλεῖν. οὐ πρότερόν γ᾽ ἢ παρὰ σοί, νῦν εἰ ἀληθῆ λέγεις. δῆλον γὰρ ὅτι καταγνοὺς ἀδικίαν αὐτοῦ ταῦτ᾽ ἐποίεις. εἶτα καὶ γελοῖον τοῦτο λέγειν, ὥσπερ οὐκ εἰδότων ὑμῶν ὅτι πάντες οἱ τὰ τοιαῦτ᾽ ἀδικοῦντες σκοποῦσι τί λέξουσιν, καὶ οὐδεὶς πώποτ᾽ ὦφλεν σιωπῶν οὐδ᾽ ἀδικεῖν ὁμολογῶν: ἀλλ᾽ ἐπειδὰν οἶμαι μηδὲν ἀληθὲς λέγων ἐξελεγχθῇ, τότε γιγνώσκεται ὁποῖός ἐστιν.
[12] Then he seeks now to deceive and beguile you by claiming that he set up the pillars before judgement was given against Aphobus. Aye, Onetor; but not before it was given by you, if what you now say is true. For it is clear that you acted as you did because you were convinced of his guilt. Again, this language of yours is absurd, as though you, men of the jury, did not know that all those who commit frauds of this sort determine what they are going to say, and that no one ever lost a suit through keeping quiet, or admitting that he was in the wrong; but it is, I think, when he has been convicted of making a false statement, that men know what manner of man he is.
[13] ὅπερ καὶ οὗτος ἔμοιγε δοκεῖ πάσχειν. ἐπεὶ φέρε, πῶς ἐστι δίκαιον, ἐὰν μὲν ὀγδοήκοντα μνῶν θῇς ὅρους, ὀγδοήκοντα μνᾶς εἶναι τὴν προῖκα, ἐὰν δὲ πλείονος πλέον, ἐὰν δ᾽ ἐλάττονος ἔλαττον; ἢ πῶς ἐστι δίκαιον, τῆς ἀδελφῆς τῆς σῆς μηδέπω καὶ τήμερον ἄλλῳ συνοικούσης μηδ᾽ ἀπηλλαγμένης Ἀφόβου, μηδὲ τὴν προῖκα δεδωκότος σοῦ, μηδ᾽ ὑπὲρ τούτων εἰς βάσανον μηδ᾽ εἰς ἄλλο δίκαιον μηδὲν καταφεύγειν ἐθέλοντος, ὅτι σὺ στῆσαι φὴς ὅρους, σὸν εἶναι τὸ χωρίον; ἐγὼ μὲν οὐδαμῶς οἶμαι: τὴν γὰρ ἀλήθειαν σκεπτέον, οὐχ ἅ τις αὑτῷ παρεσκεύασεν ἐξεπίτηδες εἰς τὸ λέγειν τι δοκεῖν, ὥσπερ ὑμεῖς.
[13] And this is what appears to me to be exactly the plight of Onetor. For tell me, how can it be just, if you set up pillars for eighty minae, that the dowry should be eighty minae; and, if for more, more; and, if for less, less? Or how is it just, when your sister up to this present day has never lived with any other man, or been separated from Aphobus, when you have neither paid the dowry, nor been willing to have recourse to the torture, or to any other fair means of determining the matters at issue, that because you claim to have set up pillars, the farm shall belong to you? I certainly do not see how it can be. It is the truth to which we must look, not to arguments which a man has contrived （as you are doing） in order to seem to speak with some plausibility.
[14] ἔπειτα τὸ δεινότατον: εἰ καὶ δεδωκότες ἦθ᾽ ὡς μάλιστα τὴν προῖκα, ἣν οὐ δεδώκατε, τίς ὁ τούτων αἴτιος; οὐχ ὑμεῖς, ἐπεὶ ἐπὶ τἄμ᾽ ἔδοτε; οὐχ ὅλοις ἔτεσιν πρότερον δέκα τἀμὰ λαβὼν εἶχεν ἐκεῖνος ὧν ὦφλεν τὴν δίκην, ἢ κηδεστήν σοι γενέσθαι; ἢ σὲ μὲν δεῖ κομίσασθαι πάντα, τὸν δὲ καὶ καταδικασάμενον καὶ δι᾽ ὀρφανίαν ἠδικημένον καὶ προικὸς ἀληθινῆς ἀπεστερημένον, ὃν μόνον ἀνθρώπων οὐδὲ τῆς ἐπωβελίας ἄξιον ἦν κινδυνεύειν, ἠναγκάσθαι τοιαῦτα παθεῖν, κεκομισμένον μηδ᾽ ὁτιοῦν, καὶ ταῦτ᾽ ἐθέλοντα ποιεῖν ἐφ᾽ ὑμῖν αὐτοῖς, εἴ τι τῶν δεόντων ἐβούλεσθε πράττειν;
[14] Then — the most outrageous thing of all — suppose you had in reality paid the marriage-portion （which you have not paid）, whose fault was it? Was it not yours? For you paid it on the security of my property. Was it not ten full years before he became your brother-in-law that Aphobus took possession of my estate for which judgement has been rendered against him? And was it right for you to recover the whole amount, while I, who had been awarded damages against him, I, an orphan who had been wronged and robbed of a marriage-portion that was genuine, I who with better right than any other man should have been exempted from the risk of having to pay costs, should be forced to suffer thus, and should have recovered nothing whatever, though ready to meet any of your proposals, had you been willing to do anything that justice required?
πρὸς Ζηνόμίωνα Παραγραφή — AGAINST ZENOTHEMIS
[1] ἄνδρες δικασταί, βούλομαι παραγεγραμμένος μὴ εἰσαγώγιμον εἶναι τὴν δίκην, περὶ τῶν νόμων πρῶτον εἰπεῖν, καθ᾽ οὓς παρεγραψάμην. οἱ νόμοι κελεύουσιν, ὦ ἄνδρες δικασταί, τὰς δίκας εἶναι τοῖς ναυκλήροις καὶ τοῖς ἐμπόροις τῶν Ἀθήναζε καὶ τῶν Ἀθήνηθεν συμβολαίων, καὶ περὶ ὧν ἂν ὦσι συγγραφαί: ἂν δέ τις παρὰ ταῦτα δικάζηται, μὴ εἰσαγώγιμον εἶναι τὴν δίκην.
[1] Men of the jury, having entered a plea that the action is not admissible, I wish first to speak concerning the laws in accordance with which the plea was entered. The laws, men of the jury, ordain that actions for shipowners and merchants shall be upon loans for shipments to or from Athens, concerning which there shall be written agreements; and if anyone brings suit in violation of this provision, the action shall not be maintainable.
[2] τουτῳὶ τοίνυν Ζηνοθέμιδι πρὸς μὲν ἐμὲ ὅτι οὐδὲν ἦν συμβόλαιον οὐδὲ συγγραφή, καὐτὸς ὁμολογεῖ ἐν τῷ ἐγκλήματι: δανεῖσαι δέ φησιν Ἡγεστράτῳ ναυκλήρῳ, τούτου δ᾽ ἀπολομένου ἐν τῷ πελάγει, ἡμᾶς τὸ ναῦλον σφετερίσασθαι: τουτὶ τὸ ἔγκλημ᾽ ἐστίν. ἐκ δὴ τοῦ αὐτοῦ λόγου τήν τε δίκην οὐκ εἰσαγώγιμον οὖσαν μαθήσεσθε, καὶ τὴν ὅλην ἐπιβουλὴν καὶ πονηρίαν τουτουὶ τοῦ ἀνθρώπου ὄψεσθε.
[2] Now between this man Zenothemis and myself there has been no contract or agreement in writing, as he himself acknowledges in his complaint. He states that he made a loan to Hegestratus, a shipowner, and that after the latter was lost at sea, we appropriated the cargo. This is his charge in the complaint. The same speech will suffice to prove to you that his action is not maintainable, and to make you see the whole of his plot and his rascality.
[3] δέομαι δ᾽ ὑμῶν πάντων, ὦ ἄνδρες δικασταί, εἴπερ ἄλλῳ τινὶ πώποτε πράγματι τὸν νοῦν προσέσχετε, καὶ τούτῳ προσέχειν: ἀκούσεσθε γὰρ ἀνθρώπου τόλμαν καὶ πονηρίαν οὐ τὴν τυχοῦσαν, ἄνπερ ἐγὼ τὰ πεπραγμέν᾽ αὐτῷ πρὸς ὑμᾶς πολλάκις εἰπεῖν δυνηθῶ. οἶμαι δέ.
[3] I beg of you all, men of the jury, if you ever attended closely to any matter, to attend to this. You will hear of a man’s audacity and villainy that go beyond all bounds, provided I am able, as I hope to be, to tell you the whole tale of what he has done.
[4] Ζηνόθεμις γὰρ οὑτοσί, ὢν ὑπηρέτης Ἡγεστράτου τοῦ ναυκλήρου, ὃν καὶ αὐτὸς ἔγραψεν ἐν τῷ ἐγκλήματι ὡς ἐν τῷ πελάγει ἀπώλετο （πῶς δέ, οὐ προσέγραψεν, ἀλλ᾽ ἐγὼ φράσω）, ἀδίκημα τοιουτονὶ μετ᾽ ἐκείνου συνεσκευάσατο. χρήματ᾽ ἐν ταῖς Συρακούσαις ἐδανείζεθ᾽ οὗτος κἀκεῖνος. ὡμολόγει δ᾽ ἐκεῖνος μὲν πρὸς τοὺς τούτῳ δανείζοντας, εἴ τις ἔροιτο, ἐνεῖναι σῖτον ἐν τῇ νηὶ τούτῳ πολύν, οὗτος δὲ πρὸς τοὺς ἐκείνῳ τὸν γόμον οἰκεῖον ἔχειν αὐτὸν τῆς νεώς: ὢν δ᾽ ὁ μὲν ναύκληρος, ὁ δ᾽ ἐπιβάτης, ἐπιστεύοντ᾽ εἰκότως ἃ περὶ ἀλλήλων ἔλεγον.
[4] Zenothemis, who is here before you, being an underling of Hegestratus, the shipowner, who he himself in his complaint states to have been lost at sea （how, he does not add, but I will tell you）, concocted with him the following fraud. Both of them borrowed money in Syracuse. Hegestratus admitted to those lending money to Zenothemis, if inquiries were made, that there was on board the ship a large amount of grain belonging to the latter; and the plaintiff admitted to those lending money to Hegestratus that the cargo of the ship was his. As one was the shipowner and the other a passenger, they were naturally believed in what they said of one another.
[5] λαμβάνοντες δὲ τὰ χρήματα, οἴκαδ᾽ ἀπέστελλον εἰς τὴν Μασσαλίαν, καὶ οὐδὲν εἰς τὴν ναῦν εἰσέφερον. οὐσῶν δὲ τῶν συγγραφῶν, ὥσπερ εἰώθασιν ἅπασαι, σωθείσης τῆς νεὼς ἀποδοῦναι τὰ χρήματα, ἵν᾽ ἀποστερήσαιεν τοὺς δανείσαντας, τὴν ναῦν καταδῦσαι ἐβουλεύσαντο. ὁ μὲν οὖν Ἡγέστρατος, ὡς ἀπὸ τῆς γῆς ἀπῆραν δυοῖν ἢ τριῶν ἡμερῶν πλοῦν, καταβὰς τῆς νυκτὸς εἰς κοίλην ναῦν διέκοπτε τοῦ πλοίου τὸ ἔδαφος. οὑτοσὶ δ᾽, ὡς οὐδὲν εἰδώς, ἄνω μετὰ τῶν ἄλλων ἐπιβατῶν διέτριβεν. ψόφου δὲ γενομένου, αἰσθάνονται οἱ ἐν τῷ πλοίῳ ὅτι κατόν τι ἐν κοίλῃ νηὶ γίγνεται, καὶ βοηθοῦσι κάτω.
[5] But immediately on getting the money, they sent it home to Massalia, and put nothing on board the ship. The agreement being, as is usual in all such cases, that the money was to be paid back if the ship reached port safely, they laid a plot to sink the ship, that so they might defraud their creditors. Hegestratus, accordingly, when they were two or three days’ voyage from land, went down by night into the hold of the vessel, and began to cut a hole in the ship’s bottom, while Zenothemis, as though knowing nothing about it, remained on deck with the rest of the passengers. When the noise was heard, those on the vessel saw that something wrong was going on in the hold, and rushed down to bear aid.
[6] ὡς δ᾽ ἡλίσκεθ᾽ ὁ Ἡγέστρατος καὶ δίκην δώσειν ὑπέλαβεν, φεύγει καὶ διωκόμενος ῥίπτει αὑτὸν εἰς τὴν θάλατταν, διαμαρτὼν δὲ τοῦ λέμβου διὰ τὸ νύκτ᾽ εἶναι, ἀπεπνίγη. ἐκεῖνος μὲν οὕτως, ὥσπερ ἄξιος ἦν, κακὸς κακῶς ἀπώλετο, ἃ τοὺς ἄλλους ἐπεβούλευσε ποιῆσαι, ταῦτα παθὼν αὐτός.
[6] Hegestratus, being caught in the act, and expecting to pay the penalty, took to flight, and, hotly pursued by the others, flung himself into the sea. It was dark, and he missed the ship’s boat, and so was drowned. Thus, miserable as he was, he met a miserable end as he deserved, suffering the fate which he purposed to bring about for others.
[7] οὑτοσὶ δ᾽ ὁ κοινωνὸς αὐτοῦ καὶ συνεργὸς τὸ μὲν πρῶτον εὐθὺς ἐν τῷ πλοίῳ παρὰ τἀδικήματα, ὡς οὐδὲν εἰδώς, ἀλλ᾽ ἐκπεπληγμένος καὶ αὐτός, ἔπειθεν τὸν πρῳρέα καὶ τοὺς ναύτας εἰς τὸν λέμβον ἐκβαίνειν καὶ ἐκλιπεῖν τὴν ναῦν τὴν ταχίστην, ὡς ἀνελπίστου τῆς σωτηρίας οὔσης καὶ καταδυσομένης τῆς νεὼς αὐτίκα μάλα, ἵν᾽, ὅπερ διενοήθησαν, τοῦτ᾽ ἐπιτελεσθείη καὶ ἡ ναῦς ἀπόλοιτο καὶ τὰ συμβόλαι᾽ ἀποστερήσαιεν.
[7] As for this fellow, his associate and accomplice, at the first on board the ship immediately after the attempted crime, just as though he knew nothing of it but was himself in utter consternation, he sought to induce the sailing-master and the seamen to embark in the boat and abandon the vessel with all speed, declaring that there was no hope of safety and that the ship would presently sink; thinking that thus their design might be accomplished, the ship be lost, and the creditors thus be robbed of their money.
[8] ἀποτυχὼν δὲ τούτου, καὶ τοῦ παρ᾽ ἡμῶν συμπλέοντος ἐναντιωθέντος καὶ τοῖς ναύταις μισθούς, εἰ διασῴσειαν τὴν ναῦν, μεγάλους ἐπαγγειλαμένου, σωθείσης εἰς Κεφαλληνίαν τῆς νεὼς διὰ τοὺς θεοὺς μάλιστά γε, εἶτα καὶ διὰ τὴν τῶν ναυτῶν ἀρετήν, πάλιν μετὰ τῶν Μασσαλιωτῶν τῶν τοῦ Ἡγεστράτου πολιτῶν μὴ καταπλεῖν Ἀθήναζε τὸ πλοῖον ἔπραττε, λέγων ὡς αὐτός τε καὶ τὰ χρήματ᾽ ἐκεῖθέν ἐστι, καὶ ὁ ναύκληρος εἴη καὶ οἱ δεδανεικότες Μασσαλιῶται.
[8] In this he failed, for our agent, who was on board, opposed the plan, and promised the sailors large rewards if they should bring the ship safe into port. The ship safely brought to Cephallenia, thanks chiefly to the gods, and after them to the bravery of the seamen. Again after this he schemed together with the Massaliotes, the fellow-countrymen of Hegestratus, to prevent the vessel from completing her voyage to Athens, saying that he himself was from Massalia; that the money came from thence; and that the shipowner and the lenders were Massaliotes.
[9] ἀποτυχὼν δὲ καὶ τούτου, καὶ τῶν ἀρχόντων τῶν ἐν τῇ Κεφαλληνίᾳ γνόντων Ἀθήναζε τὴν ναῦν καταπλεῖν, ὅθενπερ ἀνήχθη, ὃν οὐδ᾽ ἂν εἷς ἐλθεῖν ᾤετο δεῦρο τολμῆσαι τοιαῦτά γ᾽ ἐσκευωρημένον καὶ πεποιηκότα, οὗτος, ὦ ἄνδρες Ἀθηναῖοι, τοσοῦτον ὑπερβέβληκεν ἀναιδείᾳ καὶ τόλμῃ, ὥστ᾽ οὐκ ἐλήλυθεν μόνον, ἀλλὰ καὶ τοῦ σίτου τοῦ ἡμετέρου ἀμφισβητήσας ἡμῖν δίκην προσείληχεν.
[9] In this, too, he failed; for the magistrates in Cephallenia decided that the vessel should return to Athens, from which port she had set sail. Then the man, whom no one would have thought audacious enough to come here, after having plotted and wrought such deeds — this man, Athenians, has so surpassed all in shamelessness and audacity, that he has not only come, but has actually laid claim to my grain, and has brought suit against me!
[10] τί οὖν ποτ᾽ ἐστὶν τὸ αἴτιον, καὶ τῷ ποτ᾽ ἐπηρμένος οὗτος καὶ ἐλήλυθεν καὶ τὴν δίκην εἴληχεν; ἐγὼ ὑμῖν ἐρῶ, ἄνδρες δικασταί, ἀχθόμενος μὲν νὴ τὸν Δία καὶ θεούς, ἀναγκαζόμενος δέ. ἔστιν ἐργαστήρια μοχθηρῶν ἀνθρώπων συνεστηκότων ἐν τῷ Πειραιεῖ: οὓς οὐδ᾽ ὑμεῖς ἀγνοήσετ᾽ ἰδόντες.
[10] What, then, is the reason for this? And what can have induced the fellow to come here and commence this suit? I will tell you, men of the jury, though Heaven knows it gives me pain to do so; but I must. There exists in the Peiraeus a gang of scoundrels closely leagued with one another.
[11] ἐκ τούτων ἕνα, ἡνίχ᾽ οὗτος ἔπραττεν ὅπως ἡ ναῦς μὴ καταπλεύσεται δεῦρο, πρεσβευτὴν ἐκ βουλῆς τινα λαμβάνομεν γνώριμον οὑτωσί, ὅ τι δ᾽ ἦν οὐκ εἰδότες, ἀτύχημ᾽ οὐδὲν ἔλαττον, εἰ οἷόν τ᾽ εἰπεῖν, ἀτυχήσαντες ἢ τὸ ἐξ ἀρχῆς πονηροῖς ἀνθρώποις συμμεῖξαι. οὗτος ὁ πεμφθεὶς ὑφ᾽ ἡμῶν （Ἀριστοφῶν ὄνομ᾽ αὐτῷ）, ὃς καὶ τὰ τοῦ Μικκαλίωνος πράγματ᾽ ἐσκευώρηται （ταῦτα γὰρ νῦν ἀκούομεν）, ἠργολάβηκεν αὐτὸς καὶ κατεπήγγελται τουτῳί, καὶ ὅλως ἐστὶν ὁ πάντα πράττων οὗτος: ὁδὶ δ᾽ ἅσμενος δέδεκται ταῦτα.
[11] You would know them at once, should you see them. When this man Zenothemis was scheming to prevent the vessel from completing her voyage to Athens we chose one of these men after consulting with one another as our representative. He was known to us after a fashion, but we had no idea of his real character. This was in fact a piece of misfortune for us as great, if so much may be said, as our having to deal with rascals at the start. This man who was sent out by us — his name was Aristophon, and he is the same one, as we now hear, who managed the business of Miccalion — has entered into an agreement with the plaintiff, and has sold him his services. In a word he is the one who is managing the whole affair, and Zenothemis has been glad to accept this help.
