Dareius Against Dionysodorus in the Matter of a Loan (46-50)

These are the just claims with which we have come before you demanding to recover our money through your help, since we cannot get it from these men themselves. Such is the statement of our case. These men, however, while they admit that they borrowed the money and have not paid it back, contend that they are not bound to pay the interest stipulated in the agreement, but the interest as far as Rhodes only, which they made no part of their contract, and to which we have not consented.

Perhaps, men of Athens, if we were trying the case in a Rhodian court, these men might get the better of us, seeing that they have taken grain to Rhodes and sailed in their ship into that port; as it is, however, since we have come before Athenians and our contract called for a voyage to your port, we hold it right that you should give no advantage to men who have wronged you as well as ourselves.

Besides this, men of Athens, you must not forget that, while you are today deciding one case alone you are fixing a law for the whole port, and that many of those engaged in overseas trade are standing here and watching you to see how you decide this question. For if you hold that contracts and agreements made between man and man are to be binding, and show no leniency towards those who transgress them, lenders will be more ready to risk their money, and the business of your port will be increased.

But if shipowners, after engaging in written contracts to sail to Athens, are to be permitted to put their ships into other ports, giving out that they have been disabled, or advancing other pretexts such as these of which Dionysodorus has availed himself, and to reduce the interest in proportion to the length of the voyage which they say they have made instead of paying it according to the agreement, there will be nothing to prevent the voiding of all contracts.

For who is going to be willing to risk his money, when he sees that written agreements are of no force, but that arguments such as these prevail and that the claims of wrongdoers take precedence over what is right? Do not permit this, men of the jury, for it is not to the interest of the mass of your people any more than of those engaged in trade, who are a body of men most useful to your public at large and to the individuals who have dealings with them. For this reason you should be careful of their interests.

I, for my part, have said all that I could; but I desire also to have one of my friends speak in my behalf.

Come forward, Demosthenes.