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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 Chrysipp
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 exchangeThe word rendered “exchange” or “market,” may well designate merely the Peiraeus, which was in a very real sense the e)mpo/rion of Athens.; 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 agr
There is yet another way in which they hope to deceive and trick you. They will accuse Demosthenes, and will say that I relied upon his help when I put Zenothemis out of possession of the grain, assuming that this charge will be credited because he is an orator and a well-known personage. Demosthenes, men of Athens, is indeed my blood-relation （I swear to you by all the gods that I shall speak the truth
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 ca
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 AcanthusA town in Chalcidicê. and there disposed of it,—he, who had made himself the partner of Phormio here with our mone
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.As happened, of course, when a plea in bar of action was introduced. Not but that I hope to prove from the facts of the case itself that this suit of mine is admissible.
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.
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,Such seems the most probable meaning of the disputed phrase. 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.