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Demosthenes · Against Zenothemis §9-16

Lawsuit in Athens and the Collusion in Piraeus

Passage 2 of 4 · Greek

Summary

The speaker relates how, after the ship was directed to Athens by the Cephallenian officials, the defendant Zenothemis appeared in Athens and initiated a lawsuit claiming the cargo. He exposes Zenothemis's conspiracy with a notorious clique in Piraeus and the representative Aristophon, showing how they dragged the creditors into their fraudulent scheme, before presenting formal testimonies. Would you like to see the summary of the next segment regarding the further arguments on the validity of the lawsuit?

§9ἀποτυχὼν δὲ καὶ τούτου, καὶ τῶν ἀρχόντων τῶν ἐν τῇ Κεφαλληνίᾳ γνόντων Ἀθήναζε τὴν ναῦν καταπλεῖν, ὅθενπερ ἀνήχθη, ὃν οὐδʼ ἂν εἷς ἐλθεῖν ᾤετο δεῦρο τολμῆσαι τοιαῦτά γʼ ἐσκευωρημένον καὶ πεποιηκότα, οὗτος, ὦ ἄνδρες Ἀθηναῖοι, τοσοῦτον ὑπερβέβληκεν ἀναιδείᾳ καὶ τόλμῃ, ὥστʼ οὐκ ἐλήλυθεν μόνον, ἀλλὰ καὶ τοῦ σίτου τοῦ ἡμετέρου ἀμφισβητήσας ἡμῖν δίκην προσείληχεν.
And having failed also in this, and when the officials in Cephallenia had decided that the ship should sail to Athens, whence it had put out, this man, whom no single person would have expected to dare to come here after having plotted and done such deeds, has, men of Athens, so far exceeded in impudence and audacity, that he has not only come, but has also laid claim to our corn and brought an action against us.
§10τί οὖν ποτʼ ἐστὶν τὸ αἴτιον, καὶ τῷ ποτʼ ἐπηρμένος οὗτος καὶ ἐλήλυθεν καὶ τὴν δίκην εἴληχεν;
What then on earth is the cause, and by what on earth encouraged has this man both come and brought his action?
ἐγὼ ὑμῖν ἐρῶ, ἄνδρες δικασταί, ἀχθόμενος μὲν νὴ τὸν Δία καὶ θεούς, ἀναγκαζόμενος δέ.
I will tell you, gentlemen of the jury, though vexed, by Zeus and the gods, but compelled.
ἔστιν ἐργαστήρια μοχθηρῶν ἀνθρώπων συνεστηκότων ἐν τῷ Πειραιεῖ· οὓς οὐδʼ ὑμεῖς ἀγνοήσετʼ ἰδόντες.
There are syndicates of wicked men associated together in Piraeus, whom you yourselves will not fail to recognize when you see them.
§11ἐκ τούτων ἕνα, ἡνίχʼ οὗτος ἔπραττεν ὅπως ἡ ναῦς μὴ καταπλεύσεται δεῦρο, πρεσβευτὴν ἐκ βουλῆς τινα λαμβάνομεν γνώριμον οὑτωσί, ὅ τι δʼ ἦν οὐκ εἰδότες, ἀτύχημʼ οὐδὲν ἔλαττον, εἰ οἷόν τʼ εἰπεῖν, ἀτυχήσαντες ἢ τὸ ἐξ ἀρχῆς πονηροῖς ἀνθρώποις συμμεῖξαι.
From among these, when this man was doing his best to prevent the ship from sailing here, we took a certain person as a representative from the council, who was known to us as such, not knowing what kind of man he was—an misfortune no less, if one may say so, than our initial misfortune of getting mixed up with wicked men.
οὗτος ὁ πεμφθεὶς ὑφʼ ἡμῶν (Ἀριστοφῶν ὄνομʼ αὐτῷ), ὃς καὶ τὰ τοῦ Μικκαλίωνος πράγματʼ ἐσκευώρηται (ταῦτα γὰρ νῦν ἀκούομεν), ἠργολάβηκεν αὐτὸς καὶ κατεπήγγελται τουτῳί, καὶ ὅλως ἐστὶν ὁ πάντα πράττων οὗτος· ὁδὶ δʼ ἅσμενος δέδεκται ταῦτα.
This man who was sent by us (Aristophon was his name), who has also concocted the business of Miccalion (for we are hearing of this now), has taken a contract himself and has been engaged by this man, and is, in short, the one who is doing everything; and this defendant has gladly accepted this.
§12ὡς γὰρ διήμαρτεν τοῦ διαφθαρῆναι τὸ πλοῖον, οὐκ ἔχων ἀποδοῦναι τὰ χρήματα τοῖς δανείσασιν (πῶς γάρ; ἅ γʼ ἐξ ἀρχῆς μὴ ἐνέθετο) ἀντιποιεῖται τῶν ἡμετέρων, καί φησι τῷ Ἡγεστράτῳ ἐπὶ τούτῳ τῷ σίτῳ δεδανεικέναι ὃν ὁ παρʼ ἡμῶν ἐπιπλέων ἐπρίατο.
For when he failed to destroy the ship, not having the means to repay the money to the lenders (for how could he, since he had put nothing on board from the beginning?), he lays claim to our property, and says that he lent money to Hegestratus on this very corn which our representative on board had purchased.
οἱ δὲ δανεισταὶ τὸ ἐξ ἀρχῆς ἐξηπατημένοι, ὁρῶντες ἑαυτοῖς ἀντὶ τῶν χρημάτων ἄνθρωπον πονηρὸν χρήστην, ἄλλο δʼ οὐδέν, ἐλπίδʼ ἔχοντες ὑπὸ τούτου παρακρουσθέντων ὑμῶν ἐκ τῶν ἡμετέρων ἀπολήψεσθαι τὰ ἑαυτῶν, ὃν ἴσασιν ψευδόμενον ταῦτα καθʼ ἡμῶν, τούτῳ συνδικεῖν ἀναγκάζονται τοῦ συμφέροντος εἵνεκα τοῦ ἑαυτῶν.
And the lenders, who were deceived from the beginning, seeing that they have a wicked man as their debtor instead of their money, and nothing else, and having hopes that, if you are misled by him, they will recover their own from our property—though they know that he is lying in these charges against us—are compelled to act as his advocates for the sake of their own interest.
§13τὸ μὲν οὖν πρᾶγμʼ ὑπὲρ οὗ τὴν ψῆφον οἴσετε, ὡς εἰπεῖν ἐν κεφαλαίῳ, τοιοῦτόν ἐστιν.
The matter, then, on which you are to cast your vote, to speak in a word, is of this nature.
βούλομαι δὲ τοὺς μάρτυρας ὧν λέγω πρῶτον ὑμῖν παρασχόμενος, μετὰ ταῦτʼ ἤδη καὶ τἄλλα διδάσκειν.
But I wish first to present to you the witnesses of what I say, and after that to instruct you on the other points.
καί μοι λέγε τὰς μαρτυρίας.
Read me the depositions.
ΜΑΡΤΥΡΙΑΙ. §14ἐπειδὴ τοίνυν ἀφίκετο δεῦρο τὸ πλοῖον, γνόντων τῶν Κεφαλλήνων ἀντιπράττοντος τούτου, ὅθεν ἐξέπλευσε τὸ πλοῖον, ἐνταῦθα καὶ καταπλεῖν αὐτό, τὴν μὲν ναῦν οἱ ἐπὶ τῇ νηὶ δεδανεικότες ἐνθένδʼ εὐθέως εἶχον, τὸν δὲ σῖτον ὁ ἠγορακὼς εἶχεν· ἦν δʼ οὗτος ὁ ἡμῖν τὰ χρήματʼ ὀφείλων.
DEPOSITIONS When, therefore, the ship arrived here, since the Cephallenians, in spite of this man's opposition, had decided that the ship should sail to the place from which it had put out, those who had lent money on the ship immediately took possession of the ship here, while the one who had bought the corn took possession of the corn; and this was the man who owed us the money.
μετὰ ταῦθʼ ἧκεν οὗτος ἔχων τὸν παρʼ ἡμῶν πεμφθέντα πρεσβευτήν, τὸν Ἀριστοφῶντα, καὶ ἠμφεσβήτει τοῦ σίτου, φάσκων Ἡγεστράτῳ δεδανεικέναι.
After this, this defendant came, bringing with him the representative sent by us, Aristophon, and laid claim to the corn, asserting that he had lent money to Hegestratus.
§15τί λέγεις, ἄνθρωπε; εὐθέως ὁ Πρῶτος (τοῦτο γὰρ ἦν τοὔνομα τῷ τὸν σῖτον εἰσαγαγόντι, τῷ τὰ χρήμαθʼ ἡμῖν ὀφείλοντι) σὺ χρήματα δέδωκας Ἡγεστράτῳ, μεθʼ οὗ τοὺς ἄλλους ἐξηπάτηκας, ὅπως δανείσηται, καὶ σοὶ πολλάκις λέγοντος ὅτι τοῖς προϊεμένοις ἀπολεῖται τὰ χρήματα;
"What are you saying, man?" straightway said Protos (for this was the name of the man who imported the corn, who owed us the money), "Did you give money to Hegestratus, with whom you deceived the others so that he might borrow, and when he often said to you that those who advanced money would lose it?
σὺ οὖν ταῦτʼ ἀκούων αὐτὸς ἂν προήκω; ἔφη καὶ ἀναιδὴς ἦν.
Would you, then, hearing this, have advanced it yourself?" He said he had, and was shameless.
οὐκοῦν εἰ τὰ μάλιστʼ ἀληθῆ λέγεις, τῶν παρόντων τις ὑπέλαβεν, ὁ σὸς κοινωνὸς καὶ πολίτης, ὁ Ἡγέστρατος, ὡς ἔοικεν, ἐξηπάτηκέν σε, καὶ ὑπὲρ τούτων αὐτὸς αὑτῷ θανάτου τιμήσας ἀπόλωλεν. §16καὶ ὅτι γʼ, ἔφη τις τῶν παρόντων, ἁπάντων ἐστὶ συνεργὸς οὗτος ἐκείνῳ, σημεῖον ὑμῖν ἐρῶ·
"Surely, if you are speaking the truth," some bystander interposed, "your partner and fellow-citizen Hegestratus, as it seems, deceived you, and having himself condemned himself to death for this, has perished." "And that he is indeed," said one of the bystanders, "an accomplice of that man in everything, I will show you a proof.
πρὸ γὰρ τοῦ διακόπτειν ἐπιχειρῆσαι τὴν ναῦν, τίθενται πρός τινα τῶν συμπλεόντων οὗτος καὶ ὁ Ἡγέστρατος συγγραφήν.
For before attempting to cut through the ship, this man and Hegestratus deposited an agreement with one of the passengers.
καίτοι εἰ μὲν εἰς πίστιν ἔδωκας, τί πρὸ τοῦ κακουργήματος ἂν τὰ βέβαιʼ ἐποιοῦ;
And yet, if you trusted him, why did you secure guarantees before the crime?
εἰ δʼ ἀπιστῶν ἐτύγχανες, τί οὐχ, ὥσπερ οἱ ἄλλοι, τὰ δίκαιʼ ἐλάμβανες ἐν τῇ γῇ;
But if you happened to distrust him, why did you not, like the others, obtain your rights on land?"

Notes

  1. §9ὃν οὐδʼ ἂν εἷς ἐλθεῖν ᾤετο δεῦρο τολμῆσαι — The relative pronoun ὃν acts as the subject accusative of the infinitive τολμῆσαι within the accusative and infinitive construction dependent on ᾤετο. Its placement at the beginning of the relative clause is a case of hyperbaton/prolepsis.
  2. §11ἀτύχημʼ οὐδὲν ἔλαττον... ἢ τὸ ἐξ ἀρχῆς πονηροῖς ἀνθρώποις συμμεῖξαι — The noun ἀτύχημα is placed in apposition to the verbal action of the preceding clause, functioning as an accusative of result or apposition to the sentence, meaning "resulting in a misfortune no less than...".
  3. §12ὁρῶντες ἑαυτοῖς ἀντὶ τῶν χρημάτων ἄνθρωπον πονηρὸν χρήστην — The dative ἑαυτοῖς functions as a dative of disadvantage or possession in relation to χρήστην ("debtor"), meaning "seeing that they had for themselves a wicked man as debtor instead of their money."

Cite this passage

Demosthenes, Against Zenothemis §9-16. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg032.humanitext-grc2:9-16

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