Humanitext Reader

Isocrates · Trapeziticus §49-58

Refusal to Torture the Slave and Final Plea for Justice

Passage 7 of 7 · Greek

Summary

The speaker highlights Pasion's refusal to allow the torture of a key slave, arguing this is the strongest proof of Pasion's guilt, and appeals for a favorable verdict based on his own status and his family's relationship with Satyrus.

§49ἀλλὰ γὰρ ἴσως περὶ τούτων μόνον ἀλλʼ οὐ καὶ περὶ τῶν ἄλλων ἐναντίʼ αὐτὸς αὑτῷ καὶ λέγων καὶ πράττων φανερός ἐστιν· ὃς τὸν μὲν παῖδα, ὃν αὐτὸς ἠφάνισεν, ὑφʼ ἡμῶν ἔφασκεν ἀνδραποδισθῆναι, τὸν αὐτὸν δὲ τοῦτον ἀπεγράψατο μὲν ἐν τοῖς τιμήμασιν ὡς δοῦλον μετὰ τῶν οἰκετῶν τῶν ἄλλων, ἐπεὶ δʼ αὐτὸν ἠξίου Μενέξενος βασανίζειν, ἀφῃρεῖθʼ ὡς ἐλεύθερον ὄντα.
But perhaps, in these matters alone, and not also in other matters, he is obviously contradicting himself in both speech and action; he who, regarding the slave whom he himself made to disappear, asserted that he had been kidnapped by us, but registered this same person among his tax assessments as a slave with the other servants, yet when Menexenus demanded to examine him by torture, he claimed him as being a free man.
§50πρὸς δὲ τούτοις ἀποστερῶν αὐτὸς τὴν παρακαταθήκην, ἐτόλμησεν ἡμῖν ἐγκαλεῖν ὡς ἔχομεν ἓξ τάλαντʼ ἀπὸ τῆς τούτου τραπέζης.
In addition to this, while himself withholding the deposit, he dared to accuse us of having six talents from his bank.
καίτοι ὅστις περὶ πραγμάτων οὕτω φανερῶν ἐπεχείρει ψεύδεσθαι, πῶς χρὴ πιστεύειν αὐτῷ περὶ ὧν μόνος πρὸς μόνον ἔπραξεν;
And yet, how is it necessary to believe him concerning the things he transacted alone with a single person, when he attempted to lie about such obvious matters?
§51τὸ τελευταῖον τοίνυν, ὦ ἄνδρες δικασταί, ὁμολογήσας ὡς Σάτυρον εἰσπλευσεῖσθαι καὶ ποιήσειν ἅττʼ ἂν ἐκεῖνος γνῷ, καὶ ταῦτʼ ἐξηπάτησε, καὶ αὐτὸς μὲν οὐκ ἤθελεν εἰσπλεῦσαι πολλάκις ἐμοῦ προκαλεσαμένου, εἰσέπεμψε δὲ τὸν Κίττον·
Finally, then, gentlemen of the jury, having agreed to sail to Satyrus and to do whatever he should decide, he broke this promise as well; and while he himself did not wish to sail although I repeatedly challenged him, he sent Cittus.
ὃς ἐλθὼν ἐκεῖσʼ ἔλεγεν ὅτι ἐλεύθερος εἴη καὶ τὸ γένος Μιλήσιος, εἰσπέμψειε δʼ αὐτὸν Πασίων διδάξοντα περὶ τῶν χρημάτων.
Who, having arrived there, said that he was a free man and a Milesian by birth, and that Pasion had sent him to give information about the money.
§52ἀκούσας δὲ Σάτυρος ἀμφοτέρων ἡμῶν δικάζειν μὲν οὐκ ἠξίου περὶ τῶν ἐνθάδε γενομένων συμβολαίων, ἄλλως τε καὶ μὴ παρόντος τούτου μηδὲ μέλλοντος ποιήσειν ἃ ἐκεῖνος δικάσειεν, οὕτω δὲ σφόδρʼ ἐνόμιζεν ἀδικεῖσθαί με, ὥστε συγκαλέσας τοὺς ναυκλήρους ἐδεῖτʼ αὐτῶν βοηθεῖν ἐμοὶ καὶ μὴ περιορᾶν ἀδικούμενον, καὶ πρὸς τὴν πόλιν συγγράψας ἐπιστολὴν ἔδωκε φέρειν Θενοτίμῳ τῷ Καρκίνου.
And Satyrus, having heard both of us, did not think fit to judge concerning contracts made here, especially since this man was not present nor was he about to do whatever Satyrus might decide; but he so strongly believed that I was being wronged that, having called together the shipowners, he begged them to help me and not to overlook my being wronged, and having written a letter to the city, he gave it to Thenotimus, the son of Carcinus, to carry.
καί μοι ἀνάγνωθι αὐτοῖς. ""
Read it to them, please.
§53οὕτω τοίνυν, ὦ ἄνδρες δικασταί, πολλῶν μοι τῶν δικαίων ὑπαρχόντων, ἐκεῖνʼ ἡγοῦμαι μέγιστον εἶναι τεκμήριον ὡς ἀποστερεῖ με Πασίων τῶν χρημάτων, ὅτι τὸν παῖδʼ οὐκ ἠθέλησε βασανίζειν ἐκδοῦναι τὸν συνειδότα περὶ τῆς παρακαταθήκης.
Thus, gentlemen of the jury, while many points of justice are on my side, I think the greatest proof that Pasion is withholding my money from me is this: that he did not wish to hand over for torture the slave who knew about the deposit.
καίτοι περὶ τῶν πρὸς τοὺς ἐπὶ ταῖς τραπέζαις συμβολαίων τίς ἂν ἔλεγχος ἰσχυρότερος τούτου γένοιτο;
And yet, what stronger proof could there be concerning contracts with bankers than this?
οὐ γὰρ δὴ μάρτυράς γʼ αὐτῶν ποιούμεθα.
For we surely do not make witnesses of them.
§54ὁρῶ δὲ καὶ ὑμᾶς καὶ περὶ τῶν ἰδίων καὶ περὶ τῶν δημοσίων οὐδὲν πιστότερον οὐδʼ ἀληθέστερον βασάνου νομίζοντας, καὶ μάρτυρας μὲν ἡγουμένους οἷόν τʼ εἶναι καὶ τῶν μὴ γενομένων παρασκευάσασθαι, τὰς δὲ βασάνους φανερῶς ἐπιδεικνύναι, ὁπότεροι τἀληθῆ λέγουσιν.
And I see that you also consider nothing more trustworthy or more true than torture, both in private and public matters, and that you believe that while it is possible to procure witnesses even for things that did not happen, torture clearly shows which side speaks the truth.
ἃ οὗτος εἰδὼς ἠβουλήθη εἰκάζειν ὑμᾶς περὶ τοῦ πράγματος μᾶλλον ἢ σαφῶς εἰδέναι.
Knowing this, Pasion wished you to guess about the matter rather than to know it clearly.
οὐ γὰρ δὴ τοῦτό γʼ ἂν εἰπεῖν ἔχοι, ὡς ἔλαττον ἔμελλεν ἕξειν ἐν τῇ βασάνῳ, καὶ διὰ τοῦτʼ οὐκ εἰκὸς ἦν αὐτὸν ἐκδοῦναι.
For he certainly could not say that he was going to have less of an advantage in the torture, and that for this reason it was not likely for him to hand him over.
§55πάντες γὰρ ἐπίστασθʼ ὅτι κατειπὼν μὲν ἤμελλε τὸν ἐπίλοιπον χρόνον ὑπὸ τούτου κάκιστʼ ἀνθρώπων ἀπολεῖσθαι, διακαρτερήσας δὲ καὶ ἐλεύθερος ἔσεσθαι καὶ μεθέξειν ὧν οὗτός μʼ ἀπεστέρησεν.
For you all know that if he spoke against Pasion, he was going to be utterly destroyed by this man for the rest of his life, but if he held out, he would be free and would share in what this man withheld from me.
ἀλλʼ ὅμως τοσούτῳ μέλλων πλέον ἕξειν, συνειδὼς αὑτῷ τὰ πεπραγμένα, ὑπέμεινε καὶ δίκας φεύγειν καὶ τὰς ἄλλας αἰτίας ἔχειν, ὥστε μηδεμίαν βάσανον περὶ τοῦ πράγματος τούτου γενέσθαι.
But nevertheless, though he was going to have so much of an advantage, being conscious of what had been done, he endured both fleeing lawsuits and bearing the other accusations so that no torture should take place concerning this matter.
§56ἐγὼ οὖ ὑμῶν δέομαι μεμνημένους τούτων καταψηφίσασθαι Πασίωνος, καὶ μὴ τοσαύτην πονηρίαν ἐμοῦ καταγνῶναι, ὡς οἰκῶν ἐν τῷ Πόντῳ καὶ τοσαύτην οὐσίαν κεκτημένος ὥστε καὶ ἑτέρους εὖ ποιεῖν δύνασθαι, Πασίωνʼ ἦλθον συκοφαντήσων καὶ ψευδεῖς αὐτῷ παρακαταθήκας ἐγκαλῶν.
Therefore, I beg of you, remembering these things, to vote against Pasion, and not to condemn me of such great wickedness, as if, living in the Pontus and possessing so much wealth that I am able to do good to others, I came to play the sycophant to Pasion and falsely accuse him of deposits.
§57ἄξιον δὲ καὶ Σατύρου καὶ τοῦ πατρὸς ἐνθυμηθῆναι, οἳ πάντα τὸν χρόνον περὶ πλείστου τῶν Ἑλλήνων ὑμᾶς ποιοῦνται, καὶ πολλάκις ἤδη διὰ σπάνιν σίτου τὰς τῶν ἄλλων ἐμπόρων ναῦς κενὰς ἐκπέμποντες ὑμῖν ἐξαγωγὴν ἔδοσαν· καὶ ἐν τοῖς ἰδίοις συμβολαίοις, ὧν ἐκεῖνοι κριταὶ γίγνονται, οὐ μόνον ἴσον ἀλλὰ καὶ πλέον ἔχοντες ἀπέρχεσθε.
And it is also right to consider Satyrus and my father, who always hold you in the highest esteem among the Greeks, and often already, because of a grain shortage, while sending away the ships of other merchants empty, have given you the right of export; and in your private contracts, of which they become judges, you depart having not only an equal share but even more.
§58ὥστʼ οὐκ ἂν εἰκότως περὶ ὀλίγου ποιήσαισθε τὰς ἐκείνων ἐπιστολάς.
So that you would not reasonably make little of their letters.
δέομαι οὖν ὑμῶν καὶ ὑπὲρ ἐμαυτοῦ καὶ ὑπὲρ ἐκείνων τὰ δίκαια ψηφίσασθαι καὶ μὴ τοὺς Πασίωνος λόγους ψευδεῖς ὄντας πιστοτέρους ἡγεῖσθαι τῶν ἐμῶν.
Therefore, I beg of you, both on my own behalf and on theirs, to vote what is just, and not to consider Pasion's words, false as they are, more trustworthy than mine.

Notes

  1. §49ἀφῃρεῖθʼ ὡς ἐλεύθερον ὄντα — The middle verb ἀφαιρέομαι has a technical legal sense of "claiming someone as free" to prevent them from being examined by torture. The participle ὄντα with the conjunction ὡς expresses this legal claim or assertion.
  2. §51ὁμολογήσας ... καὶ ταῦτʼ ἐξηπάτησε — Grammatically, the aorist participle ὁμολογήσας is subordinate to the main verb ἐξηπάτησε and expresses a prior action, carrying a concessive force: "although he had agreed..., he deceived [me] in this as well."
  3. §55ἀλλʼ ὅμως τοσούτῳ μέλλων πλέον ἕξειν — The subject of the participle μέλλων is Pasion, matching the subject of the main verb ὑπέμεινε. It refers to the objective situation where Pasion would have had a great advantage (πλέον ἕξειν) if the slave held out; nevertheless, Pasion refused the torture because he was conscious of his own guilt (συνειδὼς αὑτῷ τὰ πεπραγμένα).
  4. §56ὡς οἰκῶν ἐν τῷ Πόντῳ... — The conjunction ὡς introduces the participle clause (οἰκῶν, κεκτημένος, ἦλθον) dependent on the infinitive clause (ἐμοῦ καταγνῶναι, "to condemn me of..."), representing a subjective or hypothetical assumption: "as if I, living in the Pontus..., had come to play the sycophant."

Cite this passage

Isocrates, Trapeziticus §49-58. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0010.tlg005.humanitext-grc2:49-58

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