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§§ 47—49. If we, exercising the profession of money-lenders in your mart, are to be not only robbed, but fined (with the ἐπωβελία) and imprisoned, for not paying it, it would be a hard case. If our claim cannot be tried here, to what other court can we resort? Certainly not to the Archons, nor the Strategi, who have nothing to do with mercantile suits, whereas both I and your brother Artemon are merchants. ὑπὸ τῶν κ.τ.λ. To be construed with ἀπάγοιντο. ‘Should be carried to prison by the fraudulent debtors.’ Kennedy. Lit. ‘by those who have borrowed and then try to evade payment.’ ἐν τίνι χρόνῳ;] For mercantile suits were held only occasionally. “They were tried before the Thesmothetae during the six winter months, while the ships were laid up in harbour, and the judges were compelled to bring them to a final decision within a month.” (Kennedy, argum. against Zen. Or. 32.) Hence they were called ἔμμηνοι δίκαι Or. 33 § 23, quoted on § 46. See the commencement of Or. 33:—τοῖς μὲν ἐμπόροις καὶ τοῖς ναυκλήροις κελεύει ὁ νόμος εἶναι τὰς δίκας πρὸς τοὺς θεσμοθέτας [Aristot., Const. of Athens 59 § 5], ἐάν τι ἀδικῶνται ἐν τῷ ἐμπορίῳ ἢ ἐνθένδε ποι πλέοντες ἢ ἑτέρωθεν δεῦρο. τοῖς ἕνδεκα ‘The criminal court,’ the ‘eleven’ having the custody of, as well as the jurisdiction of, prisoners on capital charges, οἱ ἐπὶ θανάτῳ (ὑπαγόμενοι). [Aristot., Const. of Athens 52 § 1 τοὺς ἕνδεκα...τοὺς ἀπαγομένους κλέπτας καὶ τοὺς ἀνδραποδιστὰς καὶ τοὺς λωποδύτας... εἰσάξοντας εἰς τὸ δικαστήριον. ——κακούργους, ‘malefactors,’ a generic term including κλέπτας. Similarly in 22 Androt. § 27 f. δικάζου κλοπῆς is followed by κακοῦργος. S.]
Select Private Orations of Demosthenes, Part I. F. A. Paley, M.A., LL.D., and J. E. Sandys, Litt. D. 1898. Cambridge University Press.
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