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Hypereides · Against Athenogenes §19-23

Claim of Ignorance and the Law on Master's Liability

Passage 4 of 6 · Greek

Summary

The speaker points out the absurdity of Athenogenes claiming ignorance of the perfume shop's debts, and argues against the validity of the contract by citing Solon's law that masters must bear the liabilities of their slaves.

§19ς οὐκ ᾔδει Μίδαν αδ σθέντα αλ ς εἰς τὰ ἐν ἀγορᾷ, ἀτρέμα δʼ ἔχων ἐν τρισὶ μησὶν ἅπαντα τὰ χρέα καὶ τοὺς ἐράνους ἐπυθόμην, οὗτος δέ, ὁ ἐκ τριγονίας ὢν μυροπώλης, καθήμενος δʼ ἐν τῇ ἀγορᾷ ὅσαι ἡμέραι, τρία δὲ μυροπώλια κεκτημένος, λόγους δὲ κατὰ μῆνα λαμβάνων, οὐκ ᾔδει τὰ χρέα.
... not knowing that Midas was... in the affairs of the marketplace, while I, remaining quiet, discovered all the debts and the contributions within three months. Yet this man, a perfumer of three generations, who sits in the marketplace every day, owning three perfume shops and receiving monthly accounts, claims he did not know of the debts!
ἀλλʼ ἐν μὲν τοῖς ἄλλοις οὐκ ἰδιώτης ἐστίν, πρὸς δὲ τὸν οἰκέτην οὕτως εὐήθης ἐγένετο, καί τινα μὲν τῶν χρεῶν, ὡς ἔοικεν, ᾔδει, τὰ δέ φησιν οὐκ εἰδέναι, ὅσα μὴ βούλεται.
Though in other matters he is no novice, did he become so simple-minded regarding his own slave? It seems he knew some of the debts, but claims not to know others, as many as he does not wish to know.
§20ὁ δὲ τοιοῦτος αὐτοῦ λόγος, ὦ ἄνδρες δικαςταί, οὐκ ἀπολόγημά ἐστιν, ἀλλʼ ὁμολόγημα ὡς οὐ δεῖ με τὰ χρέα διαλύειν.
This argument of his, gentlemen of the jury, is not a defence, but an admission that I ought not to pay the debts.
ὅταν γὰρ φῇ μὴ εἰδέναι ἅπαντα τὰ ὀφειλόμενα, οὐκ ἔστιν αὐτῷ δήπου τόδʼ εἰπεῖν ὡς προεῖπέ μοι περὶ τῶν χρεῶν· ὅσα δʼ οὐκ ἤκουσα παρὰ τοῦ πωλοῦντος ταῦτα οὐ δίκαιός εἰμι διαλύειν.
For when he says that he did not know all the debts, he certainly cannot say this, that he told me beforehand about the debts; and what I did not hear from the seller, I am not justly bound to pay.
ὅτι μὲν οὖν ᾔδεις, ὦ Ἀθηνόγενες, ὀφείλοντα Μίδαν τὰ χρήματα ταῦτα οἶμαι πᾶσιν εἶναι δῆλον ἐξ ἄλλων τε πολλῶν καὶ ἐκ τοῦ αἰτεῖν σε τὸν Νίκωνα ὑπὲρ ἐμοῦ ἐγγυητήν, εἰ τὰ χρέα ὄντα ἱκανὸν νο.
That you knew, Athenogenes, that Midas owed this money is, I think, clear to everyone from many other facts, and especially from your asking Nikon to be a surety for me, knowing well enough that the debts...
οὐ μὲν δὴ ἐγὼ τῷ λόγωι σοῦ τούτῳ
I certainly do not, by this argument of yours...
§21ος καὶ οὐκ εἰλ νος καὶ τω τουτονὶ τὸν τρόπον.
... and in this manner.
εἰ σὺ μὲν διὰ τὸ μὴ εἰδέναι μὴ προεῖπάς μοι πάντα τὰ χρέα, ἐγὼ δὲ ὅσα σου ἤκουσα ταῦτα μόνον οἰόμενος εἶναι τὰς συνθήκας ἐθέμην, πότερος δίκαιός ἐστιν ἐκτεῖσαι, ὁ ὕστερος πριάμενος ἢ ὁ πάλαι κεκτημένος ὅτʼ ἐδανείζετο;
If you, through not knowing, did not tell me beforehand of all the debts, and I, thinking that those which I heard from you were the only ones, made the contract, which of us is justly bound to pay? The one who bought them later, or the one who had owned him for a long time when the money was borrowed?
ἐγὼ μὲν γὰρ οἴομαι σέ.
For my part, I think it is you.
εἰ δʼ ἄρʼ ἀντιλέγομεν περὶ τούτου, διαιτητὴς ἡμῖν γενέσθω ὁ νόμος, ὃν οὐχ οἱ ἐρῶντες οὐδʼ οἱ ἐπιβουλεύοντες τοῖς ἀλλοτρίοις ἔθεσαν, ἀλλʼ ὁ δημοτικώτατος Σόλων·
But if we dispute about this, let the law be our arbitrator—the law which was established not by those in love nor by those plotting against the property of others, but by Solon, the greatest friend of the people.
§22ὃς εἰδὼς ὅτι πολλαὶ ὠναὶ γίγνονται ἐν τῇ πόλει ἔθηκε νόμον δίκαιον, ὡς παρὰ πάντων ὁμολογεῖται, τὰς ζημίας ἃς ἂν ἐργάσωνται οἱ οἰκέται καὶ τὰ ἀδικήματα διαλύειν τὸν δεσπότην παρʼ ᾧ ἂν ἐργάςωνται οἱ οἰκέται.
He, knowing that many sales take place in the city, established a just law, as is agreed by all, that the master in whose service the slaves commit damages or wrongs must settle them.
εἰκότως· καὶ γὰρ ἐάν τι ἀγαθὸν πράξῃ ἢ ἐργασίαν εὕρῃ ὁ οἰκέτης τοῦ κεκτημένου αὐτὸν γίγνεται.
And with good reason; for if a slave does any good or finds any profitable trade, it belongs to his owner.
σὺ δὲ τὸν νόμον ἀφεὶς περὶ συνθηκῶν παραβαινομένων διαλέγῃ.
But you, setting aside the law, argue about broken contracts.
καὶ ὁ μὲν Σόλων οὐδʼ ὃ δικαίως ἔγραφεν ψήφισμά τις τοῦ νόμου οἴεται δεῖν κυριώτερον εἶναι, σὺ δὲ καὶ τὰς ἀδίκους συνθήκας ἀξιοῖς κρατεῖν πάντων τῶν νόμων.
And while Solon did not think that even a decree which someone wrote justly should be more sovereign than the law, you demand that even unjust contracts should prevail over all the laws.
§23καὶ πρὸς τούτοις, ὦ ἄνδρες δικασταί, τῷ τε πατρὶ τῷ ἐμῷ καὶ τοῖς ἄλλοις ἐπιτηδείοις ἔλεγεν ὡς εθελ δωρεὰν κε τὸν δὲ Μίδαν κελεύςας ἐᾶν αὐτῷ καὶ μὴ ὠνεῖσθαι· ἐμὲ δʼ οὐκ ἐθέλειν ἀλλὰ βούλεσθαι πάντας πρίασθαι.
And in addition to this, gentlemen of the jury, he used to say to my father and to my other friends that he was willing to give the sons of Midas as a free gift, and had urged me to leave Midas with him and not to buy him; but that I was unwilling and wished to buy them all.
καὶ ταῦτα καὶ πρὸς ὑμᾶς αὐτόν, φασίν, μέλλειν λέγειν, ἵνα δὴ δοκοίη μέτριος εἶναι, ὥςπερ πρὸς ἠλιθίους τινὰς διαλεξόμενος καὶ οὐκ αἰσθησομένους τὴν τούτου ἀναίδειαν.
And they say that he is going to say these very things before you, in order to appear moderate, as if he were going to address some fools who would not perceive his shamelessness.

Notes

  1. §20οὐκ ἔστιν αὐτῷ δήπου τόδʼ εἰπεῖν — The construction of οὐκ ἔστιν with the dative αὐτῷ and the infinitive εἰπεῖν, expressing impossibility or prohibition: "it is certainly not possible for him to say" or "he cannot say."
  2. §20ὅσα δʼ οὐκ ἤκουσα παρὰ τοῦ πωλοῦντος ταῦτα οὐ δίκαιός εἰμι διαλύειν — A personal construction of the adjective δίκαιος with the infinitive διαλύειν. Although logically equivalent to an impersonal "it is not just for me to pay," Greek prefers to make the subject of the infinitive the subject of the adjective: "I am not justly bound to pay."
  3. §22τὰς ζημίας ἃς ἂν ἐργάσωνται οἱ οἰκέται καὶ τὰ ἀδικήματα διαλύειν τὸν δεσπότην — An accusative with infinitive clause explanatory of the law (νόμον). The subject accusative of the infinitive διαλύειν is τὸν δεσπότην ("the master"), and its objects are the preposed and emphasized noun phrases τὰς ζημίας ... καὶ τὰ ἀδικήματα ("the damages and the wrongs").
  4. §22οὐδʼ ὃ δικαίως ἔγραφεν ψήφισμά τις τοῦ νόμου οἴεται δεῖν κυριώτερον εἶναι — A case of relative attraction where the antecedent noun ψήφισμα ("decree") is incorporated into the relative clause ὃ ... ἔγραφεν. Solon is the subject of the main verb οἴεται, which governs the infinitive clause δεῖν κυριώτερον εἶναι ("ought to be more sovereign").
  5. §23ἵνα δὴ δοκοίη μέτριος εἶναι — The optative δοκοίη in the purpose clause introduced by ἵνα. Since the main verb is in a past tense (ἔλεγεν), the oblique optative is used to express Athenogenes' past purpose or intention ("in order that he might appear moderate").

Cite this passage

Hypereides, Against Athenogenes §19-23. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0030.tlg003.humanitext-grc2:19-23

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