Dinarchus, Hyperides, and Lycurgus

3. Against Athenogenes

3. AGAINST ATHENOGENES introduction This speech was noted by ancient critics particularly for its artistic merits, and what remains of it certainly does not disappoint. It shows that gift of characterization, wit, and charm that made Hyperides famous . (See the Introduction to Hyperides.) But the speech that has survived in papyrus was only one of two speeches written for the trial. As in many private suits, the litigants in this case had two opportunities to speak; the first and the more important of the two speeches, and the one that has survived in papyri, was delivered by the plaintiff himself; the second, of which only a few words are known, perhaps by Hyperides. Everything we know about the case comes from the speech. According to the plaintiff, Epicrates, he was a young farmer who had brought a private suit for damages against Athenogenes, a resident alien (metic) of Egyptian origin. Athenogenes carried on his family’s trade in perfumes and owned three shops, one of which was managed by his slave Midas and his two sons. Epicrates took a liking to one of the boys and approached Athenogenes with an offer to set him free. According to Epicrates, Athenogenes first had the boy refuse Epicrates ’ offer unless he also agreed to buy and set free the boy’s brother and father; then Athenogenes enlisted the services of his former mistress Antigone, a famous prostitute (hetaira),1 who used her charms to 1 A hetaira was a higher class of prostitute than a pornē, who was commonly a slave working in a brothel. A hetaira was normally a free noncitizen, who often established long-term arrangements with her lovers. persuade Epicrates to accept the boy’s request to buy the whole family. According to Epicrates, the whole thing was an elaborate and cleverly staged plot: Athenogenes at first refused any form of compromise, and then Antigone convinced Epicrates that she was on his side and would try to persuade Athenogenes to allow him to purchase the freedom of all three. Epicrates was completely duped; he quickly got together forty minas from friends, and Athenogenes, as a favor to Antigone, or so he claimed, agreed to sell the three slaves outright to Epicrates, who could have unrestricted use of the boy and at a later date choose to set them free. But because he was buying the slaves, Epicrates also assumed responsibility for any debts that they had accumulated. To sweeten the offer, therefore, Athenogenes also threw in the perfume business, which he claimed would easily cover any debts. Anxious to conclude the deal, Epicrates signed a sale’s contract without reading it. Soon after, Epicrates discovered that Midas owed five talents in loans to creditors and to friends. Realizing the seriousness of his predicament , Epicrates gathered his friends and relatives together to examine the document; they discovered that many of the debts had not been recorded in the agreement. They approached Athenogenes in the Agora. A heated exchange followed, but Athenogenes refused to make any concessions and stuck by the contract. Epicrates was forced to sue Athenogenes for damages to cover the debts. In Athens a sale’s agreement could be, but did not have to be, included with the sale.2 In the present case, Athenogenes included a written agreement to ensure that Epicrates assumed responsibility for any debts previously accumulated by the slaves who ran the perfume shop. Laws existed to protect the buyer against fraud and any misrepresentation by the seller: according to Epicrates, the seller was forbidden from making false statements in the Agora about his merchandise (3.14), and in the case of the sale of a slave, the owner was required by law to inform the buyer of any physical defects the slave might have. If he failed to do so, the buyer could return the slave and demand his money back (3.15). Both these laws are mentioned by Epicrates in support of his case, but they do not directly apply to him; he had willingly 88 hyperides 2 For loans regulating sales, see P. Millet, Lending and Borrowing in Ancient Athens (Cambridge, 1991). agreed to accept any debts incurred by the slaves and had signed an agreement to that effect. The basis of Athenogenes’ defense was a law that stated that any agreement made by two parties was binding as long as that agreement was just (3.13n). That the agreement...