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Demosthenes · Against Apaturius §9-15

Apaturius' Flight, Debt Settlement, and Arbitration

Passage 2 of 5 · Greek

Summary

When Apatourius attempted to smuggle the ship and slaves out of Athens, the speaker intervened to secure the funds for himself and Parmenon, leading to a complete discharge of their contracts. Subsequently, to resolve new disputes between Parmenon and Apatourius, they agreed to submit to private arbitration.

§9τὸν μὲν τρόπον τοῦτον ἀπήλλαξεν τοὺς χρήστας Ἀπατούριος οὑτοσί.
In this manner this Apatourius got rid of the creditors.
οὐ πολλῷ δὲ χρόνῳ μετὰ ταῦτα τῆς τραπέζης ἀνασκευασθείσης, καὶ τοῦ Ἡρακλείδου κατʼ ἀρχὰς κεκρυμμένου, ἐπιβουλεύει οὑτοσὶ τούς τε παῖδας ἐκπέμψαι Ἀθήνηθεν καὶ τὴν ναῦν ἐξορμίσαι ἐκ τοῦ λιμένος.
Not long after this, when the bank had failed and Heracleides at first had gone into hiding, this man plotted to send the slaves away from Athens and to sail the ship out of the harbor.
ὅθεν ἐμοὶ πρὸς τοῦτον ἡ πρώτη διαφορὰ ἐγένετο.
Whence my first dispute with him arose.
αἰσθόμενος γὰρ ὁ Παρμένων ἐξαγομένων τῶν παίδων ἐπιλαμβάνεται καὶ τὴν ναῦν κατεκώλυσεν αὐτὸν ἐξορμίζειν, καὶ μεταπεμψάμενος ἐμὲ λέγει τὸ πρᾶγμα.
For Parmenon, perceiving that the slaves were being taken away, seized them and prevented him from sailing the ship out, and having sent for me, told me the matter.
§10ὡς δʼ ἤκουσα, τοῦτον μὲν ἀνοσιώτατον ἡγησάμην εἶναι τῷ ἐπιχειρήματι, ἐσκοπούμην δὲ ὅπως αὐτός τε ἀπολυθήσομαι τῆς ἐγγύης τῆς ἐπὶ τὴν τράπεζαν, καὶ ὁ ξένος μὴ ἀπολεῖ ἃ διʼ ἐμοῦ τούτῳ ἐδάνεισεν.
And when I heard this, I considered him to be most impious in his attempt, and I began to consider how I myself might be released from the surety to the bank, and how the foreigner might not lose what he had lent to this man through me.
καταστήσας δὲ φύλακας τῆς νεὼς διηγησάμην τοῖς ἐγγυηταῖς τῆς τραπέζης τὴν πρᾶξιν, καὶ παρέδωκα τὸ ἐνέχυρον, εἰπὼν αὐτοῖς ὅτι δέκα μναῖ ἐνείησαν τῷ ξένῳ ἐν τῇ νηί.
And having placed guards over the ship, I detailed the transaction to the sureties of the bank, and delivered the security to them, telling them that ten minae belonging to the foreigner were in the ship.
ταῦτα δὲ πράξας κατηγγύησα τοὺς παῖδας, ἵνʼ εἴ τις ἔνδεια γίγνοιτο, τὰ ἐλλείποντα ἐκ τῶν παίδων εἴη.
Having done this, I attached the slaves, so that if there should be any deficiency, the deficit might be made up from the slaves.
§11καὶ ἐγὼ μὲν ἐπειδὴ ἔλαβον τοῦτον ἀδικοῦντα, διωρθωσάμην ὑπὲρ ἐμαυτοῦ καὶ τοῦ ξένου· ὁ δʼ ὥσπερ ἀδικούμενος, ἀλλʼ οὐκ ἀδικῶν ἐμέμφετό μοι, καὶ ἠρώτα εἰ οὐχ ἱκανόν μοι εἴη αὐτῷ ἀπολυθῆναι τῆς ἐγγύης τῆς πρὸς τὴν τράπεζαν, ἀλλὰ καὶ ὑπὲρ τοῦ ἀργυρίου τοῦ Παρμένοντος τὴν ναῦν κατεγγυῶ καὶ τοὺς παῖδας, καὶ ὑπὲρ ἀνθρώπου φυγάδος ἀπεχθανοίμην αὑτῷ.
And while I, having caught him acting unjustly, took measures to set things right for myself and the foreigner; he, as if he were the injured party and not the wrongdoer, blamed me, and asked if it were not enough for me to be released from my surety to the bank, but that I must also attach the ship and the slaves for Parmenon’s money, and incur his enmity for the sake of an exile.
§12ἐγὼ δὲ τὸν πιστεύοντα ἐμαυτῷ τοσούτῳ ἔφην ἧττον ἂν περιιδεῖν, ὅσῳ φυγὰς ὢν καὶ ἀτυχῶν ἠδικεῖτο ὑπὸ τούτου.
But I said that I would be so much the less likely to abandon one who trusted me, as he, being an exile and in misfortune, was being wronged by him.
πάντα δὲ ποιήσας καὶ εἰς πᾶσαν ἀπέχθειαν τούτῳ ἐλθών, μόλις εἰσέπραξα τὸ ἀργύριον, πραθείσης τῆς νεὼς τετταράκοντα μνῶν, ὅσουπερ ἡ θέσις ἦν.
And having done everything and having gone to the utmost enmity with this man, I with difficulty recovered the money, after the ship was sold for forty minae, which was the exact amount of the mortgage.
ἀποδοθεισῶν δὲ τῶν τριάκοντα μνῶν ἐπὶ τὴν τράπεζαν καὶ τῶν δέκα μνῶν τῷ Παρμένοντι, ἐναντίον πολλῶν μαρτύρων τάς τε συγγραφὰς ἀνειλόμεθα, καθʼ ἃς ἐδανείσθη τὰ χρήματα, καὶ τῶν συναλλαγμάτων ἀφεῖμεν καὶ ἀπηλλάξαμεν ἀλλήλους, ὥστε μήτε τούτῳ πρὸς ἐμὲ μήτʼ ἐμοὶ πρὸς τοῦτον πρᾶγμα εἶναι μηδέν.
And when the thirty minae had been paid back to the bank and the ten minae to Parmenon, in the presence of many witnesses we cancelled the agreements under which the money had been borrowed, and released and discharged each other from all claims arising from our transactions, so that neither he should have any matter against me, nor I against him.
καὶ ὡς ἀληθῆ λέγω, ἀκούσατε τῶν μαρτυριῶν.
And to show that I speak the truth, hear the testimonies.
ΜΑΡΤΥΡΙΑΙ.
TESTIMONIES.
§13μετὰ ταῦτα τοίνυν ἐμοὶ μὲν οὔτε μεῖζον οὔτε ἔλαττον πρὸς αὐτὸν συμβόλαιον γέγονεν· ὁ δὲ Παρμένων ἐδικάζετο τούτῳ τῶν τε πληγῶν ὧν ἔλαβεν ὑπὸ τούτου, ὅτε τῶν παίδων ἐξαγομένων ἐπελάβετο, καὶ ὅτι τοῦ εἰς Σικελίαν πλοῦ διὰ τοῦτον κατεκωλύθη.
After this, therefore, no contract, either greater or less, arose between me and him; but Parmenon brought a lawsuit against him both for the blows which he received from him when he laid hold of the slaves as they were being taken away, and because he was prevented by him from his voyage to Sicily.
ἐνεστηκυίας δὲ τῆς δίκης δίδωσιν ὁ Παρμένων ὅρκον τούτῳ περί τινων ἐγκλημάτων, καὶ οὗτος ἐδέξατο, ἐπιδιαθέμενος ἀργύριον, ἐὰν μὴ ὀμόσῃ τὸν ὅρκον.
While the suit was pending, Parmenon tendered an oath to him concerning certain charges, and this man accepted it, depositing a sum of money to be forfeited if he should not take the oath.
καὶ ὅτι ἀληθῆ λέγω, λαβέ μοι τὴν μαρτυρίαν.
And to show that I speak the truth, take the testimony for me.
ΜΑΡΤΥΡΙΑ.
TESTIMONY.
§14δεξάμενος τοίνυν τὸν ὅρκον, εἰδὼς ὅτι πολλοὶ αὑτῷ συνείσονται ἐπιορκήσαντι, ἐπὶ μὲν τὸ ὀμόσαι οὐκ ἀπήντα, ὡς δὲ δίκῃ λύσων τὸν ὅρκον προσκαλεῖται τὸν Παρμένοντα.
Having therefore accepted the challenge to the oath, knowing that many would be privy to his perjury, he did not appear to swear the oath, but summoned Parmenon, as if to release himself from the oath by a lawsuit.
ἐνεστηκυιῶν δʼ αὐτοῖς τῶν δικῶν πεισθέντες ὑπὸ τῶν παρόντων εἰς ἐπιτροπὴν ἔρχονται, καὶ γράψαντες συνθήκας ἐπιτρέπουσιν ἑνὶ μὲν διαιτητῇ κοινῷ Φωκρίτῳ πολίτῃ αὑτῶν, ἕνα δʼ ἑκάτερος παρεκαθίσατο, οὗτος μὲν Ἀριστοκλέα Ὀῆθεν, ὁ δὲ Παρμένων ἐμέ.
And while their lawsuits were pending, being persuaded by those present, they entered into arbitration, and having drawn up agreements, they referred the matter to one sole common arbitrator, Phocritus, their fellow citizen, while each of them associated one person as assessor, this man choosing Aristocles of Oe, and Parmenon choosing me.
§15καὶ συνέθεντο ἐν ταῖς συνθήκαις, εἰ μὲν τρεῖς ὄντες ὁμογνώμονες γενοίμεθα, ταῦτα κύρια εἶναι αὑτοῖς, εἰ δὲ μή, οἷς οἱ δύο γνοίησαν, τούτοις ἐπάναγκες εἶναι ἐμμένειν.
And they agreed in the contract that, if we three should be of one mind, this should be binding upon them, but if not, they must of necessity abide by whatever two of us should decide.
συνθέμενοι δὲ ταῦτα, ἐγγυητὰς τούτων ἀλλήλοις κατέστησαν, οὗτος μὲν ἐκείνῳ τὸν Ἀριστοκλέα, ὁ δὲ Παρμένων τούτῳ Ἄρχιππον Μυρρινούσιον.
And having agreed on these terms, they provided sureties to each other for these conditions, this man providing Aristocles to Parmenon, and Parmenon providing Archippus of Myrrhinus to this man.
καὶ τὸ μὲν πρῶτον ἐτίθεντο τὰς συνθήκας παρὰ τῷ Φωκρίτῳ, εἶτα κελεύσαντος τοῦ Φωκρίτου παρʼ ἄλλῳ τινὶ θέσθαι, τίθενται παρὰ τῷ Ἀριστοκλεῖ.
And at first they deposited the agreements with Phocritus, but afterwards, Phocritus having bid them deposit them with someone else, they deposited them with Aristocles.
καὶ ὡς ἀληθῆ λέγω, ἀκούσατε τῶν μαρτυριῶν.
And to show that I speak the truth, hear the testimonies.
ΜΑΡΤΥΡΙΑΙ.
TESTIMONIES.

Notes

  1. §9τὸν μὲν τρόπον τοῦτον — Adverbial accusative of manner, meaning 'in this manner' or 'in this way'.
  2. §11ἀλλὰ καὶ ... κατεγγυῶ — In the indirect question introduced by ἠρώτα, the first clause uses the optative of indirect discourse (εἴη), whereas the second clause shifts back to the indicative present (κατεγγυῶ), vividly preserving the direct and urgent tone of the accuser.
  3. §12ἂν περιιδεῖν — The infinitive with ἄν dependent on ἔφην. It represents either ἂν περιίδοιμι (potential optative) or ἂν περιεῖδον (unreal indicative) of the direct discourse, converted into the aorist infinitive with ἄν, expressing 'I would not look on and permit/abandon'.
  4. §13ἐπιδιαθέμενος — The middle participle of ἐπιδιατίθεμαι. This is a technical legal term in Athenian law meaning 'depositing a sum of money' as a forfeit or an additional pledge to be lost if one fails to take the tendered oath.
  5. §15οἷς — Attraction (or assimilation) of the relative pronoun. The expected structure would be τούτοις ἃ οἱ δύο γνοίησαν ('by those things which the two should decide'), but the relative pronoun ἃ has been attracted into the dative case of its antecedent (implied τούτοις governed by ἐμμένειν), becoming οἷς.

Cite this passage

Demosthenes, Against Apaturius §9-15. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0014.tlg033.humanitext-grc2:9-15

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