Unknown Pleader Against Apaturius (1-5)

The law, men of Athens, ordains that actions for merchants and shipowners shall be before the Thesmothetae[*] if they have been in any way wronged in the market either in connection with a voyage from Athens to any point, or from some other port to Athens; and it fixes imprisonment as the penalty for wrongdoers until such time as they shall have paid the amount adjudged against them, so that no one may lightly do wrong to any merchant.

To those, however, who are brought into court in cases where no contract has been made, the law gives the right to have recourse to a special plea, that no one may bring a baseless or malicious suit, but that actions may be confined to those among the merchants and shipowners who are really wronged. Many defendants in mercantile suits have before now entered special pleas in accordance with this law, and have come before you and proved that their adversaries were making unjust charges and bringing baseless suits under pretence of being engaged in commerce.

Who it is that has conspired with this fellow against me and who has concocted this suit, will become clear to you as my speech goes on. Since, however, Apaturius has made a false charge against me, and is suing me contrary to law, seeing that there had been a release and discharge from all contracts made between him and me, and there exists no other contract made with him by me whether for business by sea or on land, I have entered the special plea that the action is not maintainable, according to the following laws.

The Laws

That Apaturius, then, has instituted suit against me contrary to these laws and that his charges are false, I shall show you by many proofs. I, men of the jury, have by now been for a long time engaged in foreign trade, and up to a certain time risked the sea in my own person; it is not quite seven years since I gave up voyaging, and, having a moderate capital, I try to put it to work by making loans on adventures overseas.

As I have visited many places and spend my time in your exchange, I know most of those who are seafarers, and with these men from Byzantium I am on intimate terms through having myself spent much time there. My position, then, was such as I have described, when this fellow put into our port with a fellow-countryman of his, named Parmeno, a Byzantine by birth, who was an exile from his country.