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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.
The law, men of Athens, ordains that actions for merchants and shipowners shall be before the ThesmothetaeThe Thesmothetae were the six archons （other than the Eponymus, the Basileus, and the Polemarch）, and were empowered to administer jus
ce of any
other magistrate. if they have been in any way wronged in the market
either in connection with a voyage from Athens to any point, or from some other port to Athens; and it fixes imprisonment as the
penalty for wrongdoers until such time as they shall have paonnection with a voyage from Athens to any point, or from some other port to Athens; and it fixes imprisonment as the
penalty for wrongdoers until such time as they shall have paid the amount
adjudged against them, so that no one may lightly do wrong to any merchant.
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. He himself made his escape in the boat with the rest of Dio's servants, but he lost more than thirtyThe MS. reading is triako/sia （300）, but it is most unlikely that there were so many persons on board, unless this was a slave ship. Such an aspiration, however, seems improbable, and does not accord well with the statement that there was much mourning in Bosporus over the disaster. lives besides the cargo. There was much mourning in Bosporus when they learned
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 anotherThe precise meaning of the phrase e)k boulh=s is disputed. Others take it as meaning that the man in question was a member of the Athenian boulh/, or Senate. 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
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.Read, please, the deposition of those who were present. 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. And at the first, men of Athens, he did not in any instance make the statement whichAthens, after completing his voyage in safety on another ship, I approached him and demanded payment of the loan. 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. 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.
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 mon
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. 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. 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 mon
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. 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 inlea 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?