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§ 26. Another improbability. You found it difficult to pay the loan on the outer voyage only; and yet you pretend to have paid before the full time (and when there was no pressure on you for payment) the principal and the interest, and the penalty besides, when you were not bound to pay that at all. προσήδρευον Who kept close to you, and watched your proceedings. Cf. Lacrit. § 29 τούτοις προσῇμεν καὶ ἅμ᾽ ἐσκοποῦμεν κ.τ.λ. τῷ μὴ παρόντι Logically, τῷ οὐ παρόντι is more correct; but there is a tendency to say ὁ μὴ παρὼν, because the formula generally refers to some indefinite person. Conversely, in Eur. Suppl. 227 θεὸς τοῖς τοῦ νοσοῦντος πήμασιν διώλεσε τὸν οὐ νοσοῦντα, we might have looked for τὸν μή, yet here there is a kind of attraction to what next follows, κοὐδὲν ἠδικηκότα. See on Or. 37 § 28 ἐμοὶ τῷ μὴ παρόντι, and ibid. § 25, and 57. καὶ τὰ ἐπιτίμια τὰ ἐκ τῆς συγγραφῆς Compare 56 §§ 27, 44. He appears to call the 1320 drachms overpaid ‘the penalty,’ not in serious earnest, since it was not likely the sums would agree exactly. Phormion had incurred the penalty by not putting the goods on board as security; but no necessity was laid on him at the time for paying it. The amount mentioned in § 33 as a penalty for not shipping the goods according to the contract, is 5000 drachms, the risk being greater if there was no cargo.
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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