<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="eng"><body><div type="translation" n="urn:cts:greekLit:tlg0014.tlg035.perseus-eng2" xml:lang="eng"><div type="textpart" subtype="section" n="46"><p>But he is a man so vile, so surpassing all human kind in baseness, that he seeks to induce you to vote that this mercantile action cannot be brought when you are now sitting to judge mercantile suits.</p><p rend="indent">What is it you would have, Lacritus? Is it not enough that we should be robbed of the money we lent you but should we also be given over to prison by you, if we do not pay the costs adjudged against us?</p></div><div type="textpart" subtype="section" n="47"><p>Would it not be outrageous, and cruel, and shameful, for you, men of the jury, if those who have lent money in your port for an adventure overseas, and have been defrauded of it, should be led off to prison by those who borrowed and are seeking to evade payment? Is it this, Lacritus, that you would have these gentlemen sanction? But, men of the jury, where are we to obtain justice in the matter of commercial contracts? Before what magistrates, or at what time? Before the Eleven<note resp="Loeb" anchored="true">A board of police commissioners, having jurisdiction in the case of capital crimes, and charged with the custody of those convicted.</note>? But they bring into court burglars and thieves and other evil-doers who are charged with capital crimes. Before the Archon<note resp="Loeb" anchored="true">The archon (<foreign xml:lang="grc">ἐπώνυμος</foreign>) had the duty of passing judgement upon complaints of parents, orphans, and unmarried girls who had inherited property. See <bibl n="Aristot. Ath. Pol. 56.6">Aristot. Ath. Pol. 56. 6-7</bibl>.</note>?</p></div><div type="textpart" subtype="section" n="48"><p>But it is for heiresses, and orphans, and parents that the Archon is appointed to care. Then before the King-archon<note resp="Loeb" anchored="true">The functions of the King-archon were largely religious, and the gymnesiarchs, or superintendents of the festal games, were under his control. See <bibl n="Aristot. Ath. Pol. 57">Aristot. Ath. Pol. 57</bibl>.</note>? But we are not gymnesiarchs, nor are we indicting anyone for impiety. Or will the Polemarch<note resp="Loeb" anchored="true">The third archon, originally minister of war, presided over the court in which cases regarding the rights of aliens were settled. See <bibl n="Aristot. Ath. Pol. 58">Aristot. Ath. Pol. 58</bibl>.</note> bring us into court? Yes, for disregard of a patron, or for having no patron.<note resp="Loeb" anchored="true">A resident alien was required to be enrolled under some citizen as patron.</note> Well then, the Generals<note resp="Loeb" anchored="true">Ten Generals were appointed annually, one of whom had judicial functions connected with the appointment of trierarchs. See <bibl n="Aristot. Ath. Pol. 61.1">Aristot. Ath. Pol. 61.1</bibl>.</note> are left. But they appoint the trierarchs; they bring no mercantile suits into court.</p></div><div type="textpart" subtype="section" n="49"><p>I, however, am a merchant, and you are the brother and heir of a merchant, who got from me money for a mercantile venture. Before whom, then, should this suit be entered? Tell me, Lacritus; only say what is just and according to law. But there lives no man clever enough to be able to say anything that is just in connection with a case like yours.</p></div><div type="textpart" subtype="section" n="50"><p rend="indent">It is not in these matters only, men of the jury, that I have suffered outrageous wrongs at the hands of this man Lacritus; for, besides being defrauded of my money, I should have been brought into the gravest danger, so far as his power went, if the agreement made with these men had not come to my aid by bearing witness that I lent the money for a voyage to Pontus and back to Athens. For you know, men of the jury, how severe the law is, if any Athenian transports corn to any other port than the port of Athens, or lends money for use in any market save that of Athens; you know what penalties there are in such cases, and how severe and to be dreaded they are.</p></div></div></body></text></TEI>