---
title: "For Phormio · Παραγραφὴ ὑπὲρ Φορμίωνος"
author: "Demosthenes"
translator: "Augustus Taber Murray"
languages: [grc, en]
shelf: "Classical Greek"
url: https://scriptura.si/works/demosthenes-for-phormio/
cite: "Demosthenes, tr. Augustus Taber Murray, For Phormio · Παραγραφὴ ὑπὲρ Φορμίωνος. Scriptura (scriptura.si), https://scriptura.si/works/demosthenes-for-phormio/"
---

# For Phormio · Παραγραφὴ ὑπὲρ Φορμίωνος

*Demosthenes, tr. Augustus Taber Murray*

The banker Phormio, once a slave, defended against his former master’s son Apollodorus.

> Greek: ed. William Rennie, from the Perseus Digital Library (canonical-greekLit, tlg0014.tlg036, CC BY-SA 4.0).

> English: Augustus Taber Murray, from the Perseus Digital Library (tlg0014.tlg036.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## Contents

1. [Sections 1–31](https://scriptura.si/works/demosthenes-for-phormio/1.md)
2. [Sections 32–62](https://scriptura.si/works/demosthenes-for-phormio/2.md)

## 1. Sections 1–31

Source: https://scriptura.si/works/demosthenes-for-phormio/1/ · cite a paragraph as https://scriptura.si/works/demosthenes-for-phormio/1/#p-N

[¶0] 1. Phormio’s inexperience in speaking, and his utter helplessness, you all see for yourselves, men of Athens. It is necessary for us, his friends, to state and set forth for you the facts, which we know full well from having heard him often relate them; in order that, when you have duly learned from us and have come to know the rights of the case, you may give a verdict that is both just and in harmony with your oaths.

> Greek: 1. τὴν μὲν ἀπειρίαν τοῦ λέγειν, καὶ ὡς ἀδυνάτως ἔχει Φορμίων, αὐτοὶ πάντες ὁρᾶτʼ, ὦ ἄνδρες Ἀθηναῖοι· ἀνάγκη δʼ ἐστὶν τοῖς ἐπιτηδείοις ἡμῖν, ἃ σύνισμεν πολλάκις τούτου διεξιόντος ἀκηκοότες, λέγειν καὶ διδάσκειν ὑμᾶς, ἵνʼ εἰδότες καὶ μεμαθηκότες ὀρθῶς τὰ δίκαια παρʼ ἡμῶν, ἃν ᾖ δίκαια καὶ εὔορκα, ταῦτα ψηφίσησθε.

[¶1] 2. We have put in a special plea in bar of action, not that we may evade the issue and waste time, but that, if the defendant shows that he has committed no wrong whatsoever, he may win in your court an acquittal which will be final. For all that in the minds of other people brings about a firm and lasting settlement without engaging in a trial before you— all this Phormio here has done; he has done many kindnesses to this man Apollodorus; he has duly paid and delivered up to the plaintiff everything belonging to him of which he had been left in control, and has since received a discharge from all further claims; nevertheless, as you see, because Phormio can no longer submit to his demands, Apollodorus has instituted this vexatious and baseless suit for twenty talents.

> Greek: 2. τὴν μὲν οὖν παραγραφὴν ἐποιησάμεθα τῆς δίκης, οὐχ ἵνʼ ἐκκρούοντες χρόνους ἐμποιῶμεν, ἀλλʼ ἵνα τῶν πραγμάτων, ἐὰν ἐπιδείξῃ μηδʼ ὁτιοῦν ἀδικοῦνθʼ ἑαυτὸν οὑτοσί, ἀπαλλαγή τις αὐτῷ γένηται παρʼ ὑμῖν κυρία. ὅσα γὰρ παρὰ τοῖς ἄλλοις ἐστὶν ἀνθρώποις ἰσχυρὰ καὶ βέβαια ἄνευ τοῦ παρʼ ὑμῖν ἀγωνίσασθαι, ταῦτα πάντα πεποιηκὼς Φορμίων οὑτοσί, καὶ πολλὰ μὲν εὖ πεποιηκὼς Ἀπολλόδωρον τουτονί.

[¶2] 3. From the beginning, therefore, I shall try to set forth for you as briefly as possible all the transactions Phormio has had with Pasio and Apollodorus. From these, I am sure, the malicious conduct of the plaintiff will become clear to you, and at the same time, having heard this recital, you will determine that the action is not maintainable.

> Greek: 3. πάντα δʼ, ὅσων κύριος τῶν τούτου κατελείφθη, διαλύσας καὶ παραδοὺς δικαίως, καὶ πάντων ἀφεθεὶς μετὰ ταῦτα τῶν ἐγκλημάτων, ὅμως, ὡς ὁρᾶτε, ἐπειδὴ φέρειν τοῦτον οὐχ οἷός τʼ ἐστίν, δίκην ταλάντων εἴκοσι λαχὼν αὐτῷ ταύτην συκοφαντεῖ. ἐξ ἀρχῆς οὖν ἅπαντα τὰ πραχθέντα τούτῳ πρὸς Πασίωνα καὶ Ἀπολλόδωρον ὡς ἂν δύνωμαι διὰ βραχυτάτων εἰπεῖν πειράσομαι, ἐξ ὧν εὖ οἶδʼ ὅτι ἥ τε τούτου συκοφαντία φανερὰ γενήσεται, καὶ ὡς οὐκ εἰσαγώγιμος ἡ δίκη γνώσεσθʼ ἅμα ταῦτʼ ἀκούσαντες.

[¶3] 4. First the clerk shall read to you the articles of agreement, in accordance with which Pasio leased to the defendant the bank and the shield-factory. Take, please, the articles of agreement, the challenge, and these depositions. The Articles of Agreement. The Challenge. The Depositions These, men of Athens, are the articles of agreement in accordance with which Pasio leased the bank and the shield-factory to the defendant, after the latter had now become his own master. But you must hear and understand how it was that Pasio came to owe the eleven talents to the bank.

> Greek: 4. πρῶτον μὲν οὖν ὑμῖν ἀναγνώσεται τὰς συνθήκας, καθʼ ἃς ἐμίσθωσε Πασίων τὴν τράπεζαν τούτῳ καὶ τὸ ἀσπιδοπηγεῖον. καί μοι λαβὲ τὰς συνθήκας καὶ τὴν πρόκλησιν καὶ τὰς μαρτυρίας ταυτασί. ΣΥΝΘΗΚΑΙ. ΠΡΟΚΛΗΣΙΣ. ΜΑΡΤΥΡΙΑΙ. αἱ μὲν οὖν συνθῆκαι, καθʼ ἃς ἐμίσθωσεν ὁ Πασίων τούτῳ τὴν τράπεζαν καὶ τὸ ἀσπιδοπηγεῖον ἤδη καθʼ ἑαυτὸν ὄντι, αὗταί εἰσιν, ὦ ἄνδρες Ἀθηναῖοι· δεῖ δʼ ὑμᾶς ἀκοῦσαι καὶ μαθεῖν ἐκ τίνος τρόπου προσώφειλεν τὰ ἕνδεκα τάλανθʼ ὁ Πασίων ἐπὶ τὴν τράπεζαν.

[¶4] 5. He owed that amount, not because of poverty, but because of his thrift. For the real property of Pasio was about twenty talents, but in addition to this he had more than fifty talents in money of his own lent out at interest. Among these were eleven talents of the bank’s deposits, profitably invested.

> Greek: 5. οὐ γὰρ διʼ ἀπορίαν ταῦτʼ ὤφειλεν, ἀλλὰ διὰ φιλεργίαν. ἡ μὲν γὰρ ἔγγειος ἦν οὐσία Πασίωνι μάλιστα ταλάντων εἴκοσιν, ἀργύριον δὲ πρὸς ταύτῃ δεδανεισμένον [ἴδιον] πλέον ἢ πεντήκοντα τάλαντα. ἐν [οὖν] τοῖς πεντήκοντα ταλάντοις τούτοις ἀπὸ τῶν παρακαταθηκῶν τῶν τῆς τραπέζης ἕνδεκα τάλαντʼ ἐνεργὰ ἦν.

[¶5] 6. When, therefore, my client leased the business of the bank and took over the deposits, realizing that, if he had not yet obtained the right of citizenship with you, he would be unable to recover the monies which Pasio had lent on the security of land and lodging-houses, he chose to have Pasio himself as debtor for these sums, rather than the others to whom he had lent them. It was for this reason that Pasio was set down as owing eleven talents, as has been stated to you in the depositions.

> Greek: 6. μισθούμενος οὖν ὅδε τὴν ἐργασίαν αὐτὴν τῆς τραπέζης καὶ τὰς παρακαταθήκας [λαμβάνων], ὁρῶν ὅτι, μήπω τῆς πολιτείας αὐτῷ παρʼ ὑμῖν οὔσης, οὐχ οἷός τʼ ἔσοιʼ εἰσπράττειν ὅσα Πασίων ἐπὶ γῇ καὶ συνοικίαις δεδανεικὼς ἦν, εἵλετο μᾶλλον αὐτὸν τὸν Πασίωνα χρήστην ἔχειν τούτων τῶν χρημάτων ἢ τοὺς ἄλλους χρήστας, οἷς προειμένος ἦν. καὶ οὕτω διὰ ταῦτʼ ἐγράφη εἰς τὴν μίσθωσιν προσοφείλων ὁ Πασίων ἕνδεκα τάλαντα, ὥσπερ καὶ μεμαρτύρηται ὑμῖν.

[¶6] 7. In what manner the lease was made, you know from the deposition of the manager of the bank himself. After this, Pasio became ill; and observe how he disposed of his estate. Take the copy of the will, and this challenge, and these depositions made by those in whose custody the will is deposited. The Will. The Challenge. The Depositions When Pasio had died, after making this will, Phormio, the defendant, took his widow to wife in accordance with the terms of the will and undertook the guardianship of his son.

> Greek: 7. ὃν μὲν τοίνυν τρόπον ἡ μίσθωσις ἐγένετο, μεμαρτύρηται ὑμῖν ὑπʼ αὐτοῦ τοῦ ἐπικαθημένου· ἐπιγενομένης δʼ ἀρρωστίας τῷ Πασίωνι μετὰ ταῦτα, σκέψασθʼ ἃ διέθετο. λαβὲ τῆς διαθήκης τὸ ἀντίγραφον καὶ τὴν πρόκλησιν ταυτηνὶ καὶ τὰς μαρτυρίας ταυτασί[, παρʼ οἷς αἱ διαθῆκαι κεῖνται]. ΔΙΑΘΗΚΗ. ΠΡΟΚΛΗΣΙΣ. ΜΑΡΤΥΡΙΑΙ.

[¶7] 8. Inasmuch, however, as the plaintiff was rapacious, and seemed to think it right that he should spend large sums out of the fund which was as yet undivided, the guardians, calculating in their own minds that, if it should be necessary under the terms of the will to deduct from the undivided fund, share for share, an equivalent of what the plaintiff spent, and then distribute the remainder, there would be nothing left to distribute, determined in the interest of the boy to divide the property.

> Greek: 8. ἐπειδὴ τοίνυν ὁ Πασίων ἐτετελευτήκει ταῦτα διαθέμενος, Φορμίων οὑτοσὶ τὴν μὲν γυναῖκα λαμβάνει κατὰ τὴν διαθήκην, τὸν δὲ παῖδʼ ἐπετρόπευεν. ἁρπάζοντος δὲ τούτου καὶ πόλλʼ ἀπὸ κοινῶν ὄντων τῶν χρημάτων ἀναλίσκειν οἰομένου δεῖν, λογιζόμενοι πρὸς ἑαυτοὺς οἱ ἐπίτροποι, ὅτι, εἰ δεήσει κατὰ τὰς διαθήκας, ὅσʼ ἂν οὗτος ἐκ κοινῶν τῶν χρημάτων ἀναλώσῃ, τούτοις ἐξελόντας ἀντιμοιρεὶ τὰ λοιπὰ νέμειν, οὐδʼ ὁτιοῦν ἔσται περιόν, νείμασθαι τὰ ὄνθʼ ὑπὲρ τοῦ παιδὸς ἔγνωσαν.

[¶8] 9. And they did distribute all the estate except the property on which the defendant had taken a lease; and of the revenue accruing from this they duly paid one-half to the plaintiff. Up to that time, then, how is it possible for him to make complaint regarding the lease? For it is not now that he should show his indignation; he should at once have done so then. Moreover, he cannot say that he has not received the rents which became due subsequently.

> Greek: 9. καὶ νέμονται τὴν ἄλλην οὐσίαν πλὴν ὧν ἐμεμίσθωθʼ οὑτοσί· τούτων δὲ τῆς προσόδου τὴν ἡμίσειαν τούτῳ ἀπεδίδοσαν. ἄχρι μὲν οὖν τούτου τοῦ χρόνου πῶς ἔνεστʼ ἐγκαλεῖν αὐτῷ μισθώσεως; οὐ γὰρ νῦν, ἀλλὰ τότʼ εὐθὺς ἔδει χαλεπαίνοντα φαίνεσθαι. καὶ μὴν οὐδὲ τὰς ἐπιγιγνομένας μισθώσεις ὡς οὐκ ἀπείληφεν ἔστʼ εἰπεῖν αὐτῷ.

[¶9] 10. For in that case, when Pasicles came of age and Phormio relinquished the lease, you would never have freed him from all claims, but would then instantly have demanded payment, if he had owed you anything. To prove that I speak the truth in this and that the plaintiff did divide the property with his brother, who was still a minor, and that they released Phormio from his liability under the lease and from all other charges, take this deposition. The Deposition As soon, then, as they had released the defendant from the lease, men of Athens, they at once divided between them the bank and the shield-factory, and Apollodorus, having the choice, chose the shield-factory in preference to the bank.

> Greek: 10. οὐ γὰρ ἄν ποτʼ, ἐπειδὴ δοκιμασθέντος Πασικλέους ἀπηλλάττετο τῆς μισθώσεως ὅδε, ἀφήκατʼ ἂν αὐτὸν ἁπάντων τῶν ἐγκλημάτων, ἀλλὰ τότʼ ἂν παραχρῆμʼ ἀπῃτεῖτʼ, εἴ τι προσώφειλεν ὑμῖν. ὡς τοίνυν ταῦτʼ ἀληθῆ λέγω, καὶ ἐνείμαθʼ οὗτος πρὸς τὸν ἀδελφὸν παῖδʼ ὄντα, καὶ ἀφῆκαν τῆς μισθώσεως καὶ τῶν ἄλλων ἁπάντων ἐγκλημάτων, λαβὲ ταυτηνὶ τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.

[¶10] 11. Yet, if the plaintiff had any private capital in the bank, why in the world should he have chosen the factory by preference? The income was not greater; nay, it was less (the factory produced a talent, and the bank, one hundred minae); nor was the property more agreeable, assuming that he had private capital in the bank. But he had no such capital. So the plaintiff was wise in choosing the factory. For that is a property which involves no risk, while the bank is a business yielding a hazardous revenue from money which belongs to others.

> Greek: 11. εὐθὺς τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, ὡς ἀφεῖσαν τουτονὶ τῆς μισθώσεως, νέμονται τὴν τράπεζαν καὶ τὸ ἀσπιδοπηγεῖον, καὶ λαβὼν αἵρεσιν Ἀπολλόδωρος αἱρεῖται τὸ ἀσπιδοπηγεῖον ἀντὶ τῆς τραπέζης. καίτοι εἰ ἦν ἰδία τις ἀφορμὴ τούτῳ πρὸς τῇ τραπέζῃ, τί δή ποτʼ ἂν εἵλετο τοῦτο μᾶλλον ἢ ʼκείνην; οὔτε γὰρ ἡ πρόσοδος ἦν πλείων, ἀλλʼ ἐλάττων (τὸ μὲν γὰρ τάλαντον, ἡ δʼ ἑκατὸν μνᾶς ἔφερεν), οὔτε τὸ κτῆμʼ ἥδιον, εἰ προσῆν χρήματα τῇ τραπέζῃ ἴδια. ἀλλʼ οὐ προσῆν. διόπερ σωφρονῶν εἵλετο τὸ ἀσπιδοπηγεῖον οὗτος· τὸ μὲν γὰρ κτῆμʼ ἀκίνδυνόν ἐστιν, ἡ δʼ ἐργασία προσόδους ἔχουσʼ ἐπικινδύνους ἀπὸ χρημάτων ἀλλοτρίων.

[¶11] 12. Many proofs might one advance and set forth to show that the plaintiff’s claim to a sum of banking capital is malicious and baseless. But the strongest proof of all that Phormio received no capital is, I think, this: that Pasio is set down in the lease as debtor to the bank, not as having given banking capital to the defendant. The second proof is that the plaintiff is shown to have made no demands at the time of the distribution of the property. The third is that when he subsequently leased the same business to others for the same sum, he will be shown not to have leased any private capital of his own along with it.

> Greek: 12. πολλὰ δʼ ἄν τις ἔχοι λέγειν καὶ ἐπιδεικνύναι σημεῖα τοῦ τοῦτον συκοφαντεῖν ἐγκαλοῦντʼ ἀφορμήν. ἀλλʼ οἶμαι μέγιστον μέν ἐστιν ἁπάντων τεκμήριον τοῦ μηδεμίαν λαβεῖν ἀφορμὴν εἰς ταῦτα τουτονὶ τὸ ἐν τῇ μισθώσει γεγράφθαι προσοφείλοντα τὸν Πασίωνʼ ἐπὶ τὴν τράπεζαν, οὐ δεδωκότʼ ἀφορμὴν τούτῳ, δεύτερον δὲ τὸ τοῦτον ἐν τῇ νομῇ μηδὲν ἐγκαλοῦντα φαίνεσθαι, τρίτον δʼ, ὅτι μισθῶν ἑτέροις ὕστερον ταὐτὰ ταῦτα τοῦ ἴσου ἀργυρίου οὐ φανήσεται προσμεμισθωκὼς ἰδίαν ἀφορμήν.

[¶12] 13. And yet, if he had been defrauded by the defendant of capital which his father left, he would himself on that assumption have had to provide it from some other source and given it to the new lessees. To prove that I speak the truth in this, and that Apollodorus subsequently leased the bank to Xeno and Euphraeus, and Euphro, and Callistratus, and that he delivered no private capital to them either, but that they leased only the deposits and the right to the profits accruing from them, take, please, the deposition which proves these matters, and proves also that he chose the shield-factory. The Deposition Evidence has been submitted to you, men of Athens, that they granted a lease to these men also, and gave over to them no private banking-capital; and that they gave them their freedom, as if having received great benefits from them; and at that time they went to law neither with them nor with Phormio.

> Greek: 13. καίτοι εἰ, ἣν ὁ πατὴρ παρέσχεν, ὑπὸ τοῦδʼ ἀπεστερεῖτο, αὐτὸν νῦν προσῆκεν ἐκείνοις ἄλλοθεν πορίσαντα δεδωκέναι. ὡς τοίνυν ταῦτʼ ἀληθῆ λέγω, καὶ ἐμίσθωσεν ὕστερον Ξένωνι καὶ Εὐφραίῳ καὶ Εὔφρονι καὶ Καλλιστράτῳ, καὶ οὐδὲ τούτοις παρέδωκεν ἰδίαν ἀφορμήν, ἀλλὰ τὰς παρακαταθήκας καὶ τὴν ἀπὸ τούτων ἐργασίαν αὐτὴν ἐμισθώσαντο, λαβέ μοι τὴν τούτων μαρτυρίαν, καὶ ὡς τὸ ἀσπιδοπηγεῖον εἵλετο. ΜΑΡΤΥΡΙΑ.

[¶13] 14. Indeed, as long as his mother was living, who had an accurate knowledge of all these matters, Apollodorus never made any complaint against Phormio, the defendant; but after her death he brought a malicious and baseless suit claiming three thousand drachmae in money, in addition to two thousand drachmae which she had given to Phormio’s children, and a bit of underwear and a serving-girl.

> Greek: 14. μεμαρτύρηται μὲν τοίνυν ὑμῖν, ὦ ἄνδρες Ἀθηναῖοι, ὅτι καὶ τούτοις ἐμίσθωσαν καὶ οὐ παρέδωκαν ἰδίαν ἀφορμὴν οὐδεμίαν, καὶ ἐλευθέρους ἀφεῖσαν ὡς μεγάλʼ εὖ πεπονθότες, καὶ οὐκ ἐδικάζοντʼ οὔτʼ ἐκείνοις τότʼ οὔτε τούτῳ. ὃν μὲν τοίνυν χρόνον ἡ μήτηρ ἔζη, ἡ πάντʼ ἀκριβῶς ταῦτʼ εἰδυῖα, οὐδὲν ἔγκλημα πώποτʼ ἐποιήσατο πρὸς τουτονὶ Φορμίωνʼ Ἀπολλόδωρος· ὡς δʼ ἐτελεύτησεν ἐκείνη, τρισχιλίας ἐγκαλέσας ἀργυρίου δραχμὰς πρὸς αἷς ἔδωκεν ἐκείνη δισχιλίαις τοῖς τούτου παιδίοις, καὶ χιτωνίσκον τινὰ καὶ θεράπαιναν, ἐσυκοφάντει.

[¶14] 15. Yet even here he will be shown to have said nothing of the claims which he now makes. He referred the matter for arbitration to the father of his own wife, and the husband of his wife’s sister, and to Lysinus and Andromenes, and they induced Phormio to make him a present of the three thousand drachmae and the additional items, and thus to have him as a friend rather than as an enemy because of this. So the plaintiff received in all five thousand drachmae, and going to the temple of Athena, gave Phormio for the second time a release from all demands.

> Greek: 15. καὶ οὐδʼ ἐνταῦθα τούτων οὐδὲν ὧν νῦν ἐγκαλεῖ λέγων φανήσεται. ἐπιτρέψας δὲ τῷ τε τῆς ἑαυτοῦ γυναικὸς πατρὶ καὶ τῷ συγκηδεστῇ τῷ αὑτοῦ καὶ Λυσίνῳ καὶ Ἀνδρομένει, πεισάντων τούτων Φορμίωνα τουτονὶ δοῦναι δωρεὰν τὰς τρισχιλίας καὶ τὸ προσόν, καὶ φίλον μᾶλλον ἔχειν τοῦτον ἢ διὰ ταῦτʼ ἐχθρὸν αὐτὸν εἶναι, λαβὼν τὸ σύμπαν πεντακισχιλίας, καὶ πάντων ἀφεὶς τῶν ἐγκλημάτων τὸ δεύτερον εἰς τὸ ἱερὸν τῆς Ἀθηνᾶς ἐλθών.

[¶15] 16. Yet, as you see, he is suing him again, having trumped up all sorts of accusations, and gathered from all past time charges (and this is the most outrageous thing of all) which he had never made before. To prove that I am speaking the truth in this, take, please, the award that was made in the Acropolis, and the deposition of those who were present, when Apollodorus, on receiving this money, gave a release from all claims. The Award. The Deposition You hear the award, men of the jury, which was rendered by Deinias, whose daughter the plaintiff has married, and Nicias, who is husband to her sister.

> Greek: 16. πάλιν, ὡς ὁρᾶτε, δικάζεται, πάσας αἰτίας συμπλάσας καὶ ἐγκλήματʼ ἐκ παντὸς τοῦ χρόνου τοῦ πρὸ τούτου (τοῦτο γάρ ἐστιν μέγιστον ἁπάντων), ἃ οὐδεπώποτʼ ᾐτιάσατο. ὡς τοίνυν ταῦτʼ ἀληθῆ λέγω, λαβέ μοι τὴν γνῶσιν τὴν γενομένην ἐν ἀκροπόλει, καὶ τὴν μαρτυρίαν τῶν παραγενομένων, ὅτʼ ἀφίει τῶν ἐγκλημάτων ἁπάντων Ἀπολλόδωρος, λαμβάνων τοῦτο τὸ ἀργύριον. ΓΝΩΣΙΣ. ΜΑΡΤΥΡΙΑ.

[¶16] 17. However, even though he has received this money, and has given a release from all claims, he has the audacity to bring suit for so many talents, just as if all these people were dead, or as if the truth would not be brought to light.

> Greek: 17. ἀκούετε τῆς γνώσεως, ἄνδρες δικασταί, ἣν ἔγνω Δεινίας, οὗ τὴν θυγατέρʼ οὗτος ἔχει, καὶ Νικίας ὁ τὴν ἀδελφὴν τῆς τούτου γυναικὸς ἔχων. ταῦτα τοίνυν λαβὼν καὶ ἀφεὶς ἁπάντων τῶν ἐγκλημάτων, ὥσπερ ἢ πάντων τεθνεώτων τούτων ἢ τῆς ἀληθείας οὐ γενησομένης φανερᾶς, δίκην τοσούτων ταλάντων λαχὼν τολμᾷ δικάζεσθαι.

[¶17] 18. All the dealings, then, and transactions which Phormio has had with Apollodorus you have heard, men of Athens, from the beginning. But I fancy that Apollodorus, the plaintiff, being unable to advance any just grounds in support of his claim, will repeat what he had the audacity to say before the arbitrator, that his mother made away with the papers at Phormio’s instigation, and that, owing to the loss of these, he has no way of proving his claim strictly.

> Greek: 18. τὰ μὲν οὖν πεπραγμένα καὶ γεγενημένα Φορμίωνι πρὸς Ἀπολλόδωρον ἐξ ἀρχῆς ἅπαντʼ ἀκηκόατʼ, ὦ ἄνδρες Ἀθηναῖοι. οἶμαι δʼ Ἀπολλόδωρον τουτονί, οὐδὲν ἔχοντα δίκαιον εἰπεῖν περὶ ὧν ἐγκαλεῖ, ἅπερ παρὰ τῷ διαιτητῇ λέγειν ἐτόλμα, ταῦτʼ ἐρεῖν, ὡς τὰ γράμμαθʼ ἡ μήτηρ ἠφάνικε πεισθεῖσʼ ὑπὸ τούτου, καὶ τούτων ἀπολωλότων οὐκ ἔχει τίνα χρὴ τρόπον ταῦτʼ ἐξελέγχειν ἀκριβῶς.

[¶18] 19. But in regard to these statements and this accusation, observe what convincing proofs one could advance to show that he is lying. In the first place, men of Athens, what man would have accepted a distribution of his inheritance, if he had not papers from which he could determine the amount of estate left him? No man, assuredly. Yet it is eighteen years, Apollodorus, since you accepted the distribution, and you cannot show that you at any time made any complaint about the papers.

> Greek: 19. περὶ δὴ τούτων καὶ ταύτης τῆς αἰτίας σκέψασθʼ ἡλίκʼ ἄν τις ἔχοι τεκμήριʼ εἰπεῖν ὅτι ψεύδεται. πρῶτον μὲν γάρ, ὦ ἄνδρες Ἀθηναῖοι, τίς ἂν ἐνείματο τὰ πατρῷα μὴ λαβὼν γράμματα, ἐξ ὧν ἔμελλεν εἴσεσθαι τὴν καταλειφθεῖσαν οὐσίαν; οὐδὲ εἷς δήπου. καίτοι δυοῖν δέοντʼ εἴκοσιν ἔτη ἐστὶν ἐξ ὅτου ἐνείμω, καὶ οὐκ ἂν ἔχοις ἐπιδεῖξαι, ὡς ἐνεκάλεσας πώποθʼ ὑπὲρ τῶν γραμμάτων.

[¶19] 20. In the second place, when Pasicles had come of age, and was receiving the report of his guardians’ administration, what man, even though he shrank from accusing his mother with his own lips of having destroyed the papers, would have failed to reveal the fact to his brother, so that through him it might have been thoroughly investigated? In the third place, what were the papers upon which you based the action which you brought? For the plaintiff has brought suits against many citizens, and has recovered large sums of money, charging in his complaints, “So and so has injured me by not paying back to me the money which my father’s papers show he owed the latter at his death.”

> Greek: 20. δεύτερον δέ, τίς οὐκ ἄν, ἡνίχʼ ὁ Πασικλῆς ἀνὴρ γεγονὼς ἐκομίζετο τὸν λόγον τῆς ἐπιτροπῆς, εἰ διʼ αὑτοῦ τὰ γράμματʼ ὤκνει τὴν μητέρʼ αἰτιᾶσθαι διεφθαρκέναι, τούτῳ ταῦτʼ ἐδήλωσεν, ὅπως διὰ τούτου ταῦτʼ ἠλέγχθη; τρίτον δʼ, ἐκ ποίων γραμμάτων τὰς δίκας ἐλάγχανες; οὗτος γὰρ πολλοῖς τῶν πολιτῶν δίκας λαγχάνων πολλὰ χρήματʼ εἰσπέπρακται, γράφων εἰς τὰ ἐγκλήματα ἔβλαψέ με ὁ δεῖνα οὐκ ἀποδιδοὺς ἐμοὶ τὸ ἀργύριον, ὃ κατέλιπεν ὁ πατὴρ ὀφείλοντα αὐτὸν ἐν τοῖς γράμμασιν.

[¶20] 21. But, if the papers had been made away with, on the basis of what papers did he commence his suits? In proof that I am speaking the truth in this, you have heard the distribution which he accepted, and the evidence in proof of it has been presented to you. The clerk will now read you the depositions having to do with these actions. Please take the depositions. The Depositions In these complaints, then, he has admitted that he had received his father’s papers; for he surely would not say that he was bringing baseless charges, or that he was suing these men for what they did not owe.

> Greek: 21. καίτοι εἰ ἠφάνιστο τὰ γράμματα, ἐκ ποίων γραμμάτων τὰς δίκας ἐλάγχανεν; ἀλλὰ μὴν ὅτι ταῦτʼ ἀληθῆ λέγω, τὴν μὲν νομὴν ἀκηκόαθʼ ἣν ἐνείματο, καὶ μεμαρτύρηται ὑμῖν· τῶν δὲ λήξεων τούτων ἀναγνώσεται ὑμῖν τὰς μαρτυρίας. λαβὲ τὰς μαρτυρίας μοι. ΜΑΡΤΥΡΙΑΙ. οὐκοῦν ἐν ταύταις ταῖς λήξεσιν ὡμολόγηκεν ἀπειληφέναι τὰ τοῦ πατρὸς γράμματα· οὐ γὰρ δὴ συκοφαντεῖν γε, οὐδʼ ὧν οὐκ ὤφειλον οὗτοι δικάζεσθαι φήσειεν ἄν.

[¶21] 22. There are many strong proofs from which one can see that the defendant Phormio is not in the wrong; but the strongest of all, in my opinion, is this: that Pasicles, though he is the brother of Apollodorus, the plaintiff, has neither entered suit nor made any of the charges which the plaintiff makes. But surely the defendant would not have abstained from wronging one who had been left a minor by his father, and over whose property he had control, since he had been left as his guardian, yet would have wronged you, who at your father’s death were left a man of four and twenty, and who on your own behalf would easily and immediately have obtained justice, if any wrong had been done you. That is impossible. To prove that I am speaking the truth in this, and that Pasicles makes no complaint, take, please, the deposition regarding the matter. The Deposition The points which you should now consider in regard to my plea that the action is not admissible, I beg you to recall from what has already been said.

> Greek: 22. νομίζω τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, μεγάλων καὶ πολλῶν ὄντων ἐξ ὧν ἔστιν ἰδεῖν οὐκ ἀδικοῦντα Φορμίωνα τουτονί, μέγιστον ἁπάντων εἶναι, ὅτι Πασικλῆς, ἀδελφὸς ὢν Ἀπολλοδώρου τουτουί, οὔτε δίκην εἴληχεν οὔτʼ ἄλλʼ οὐδὲν ὧν οὗτος ἐγκαλεῖ. καίτοι οὐ δήπου τὸν μὲν παῖδʼ ὑπὸ τοῦ πατρὸς καταλειφθέντα, καὶ οὗ τῶν ὄντων κύριος ἦν, ἐπίτροπος καταλελειμμένος, οὐκ ἂν ἠδίκει, σὲ δέ, ὃς ἀνὴρ κατελείφθης τέτταρα καὶ εἴκοσιν ἔτη γεγονώς, καὶ ὑπὲρ σαυτοῦ ῥᾳδίως ἂν τὰ δίκαιʼ ἐλάμβανες εὐθύς, εἴ τι ἠδικοῦ. οὐκ ἔστι ταῦτα. ὡς τοίνυν ταῦτʼ ἀληθῆ λέγω καὶ ὁ Πασικλῆς οὐδὲν ἐγκαλεῖ, λαβέ μοι τὴν τούτου μαρτυρίαν. ΜΑΡΤΥΡΙΑ.

[¶22] 23. We, men of Athens, inasmuch as an accounting had been made and a discharge given from the lease of the bank and of the shield-factory; inasmuch as there had been an arbitrator’s award and again a discharge from all claims; inasmuch also as the laws do not allow suits to be brought in cases where a discharge has once been given; and inasmuch as the plaintiff makes a baseless and malicious claim, and brings suit contrary to the laws; we have put in a special plea as allowed by the laws that his suit is not admissible. In order, then, that you may understand the matter regarding which you are going to vote, he shall read you this law and the depositions in sequence of those who were present when Apollodorus discharged Phormio from the lease and from all other claims. Take these depositions, please, and the law. The Depositions. The Law You hear the law, men of Athens, stating other cases in which suit may not be brought, and in particular those in which anyone has given a release or discharge.

> Greek: 23. ἃ τοίνυν ἤδη περὶ αὐτοῦ τοῦ μὴ εἰσαγώγιμον εἶναι τὴν δίκην δεῖ σκοπεῖν ὑμᾶς, ταῦτʼ ἀναμνήσθητʼ ἐκ τῶν εἰρημένων. ἡμεῖς γάρ, ὦ ἄνδρες Ἀθηναῖοι, γεγενημένου μὲν διαλογισμοῦ καὶ ἀφέσεως τῆς τραπέζης καὶ τοῦ ἀσπιδοπηγείου τῆς μισθώσεως, γεγενημένης δὲ διαίτης καὶ πάλιν πάντων ἀφέσεως, οὐκ ἐώντων τῶν νόμων δίκας ὧν ἂν ἀφῇ τις ἅπαξ λαγχάνειν, συκοφαντοῦντος τούτου καὶ παρὰ τοὺς νόμους δικαζομένου παρεγραψάμεθʼ ἐκ τῶν νόμων μὴ εἶναι τὴν δίκην εἰσαγώγιμον. ἵνʼ οὖν εἰδῆθʼ ὑπὲρ οὗ τὴν ψῆφον οἴσετε, τόν τε νόμον ὑμῖν τοῦτον ἀναγνώσεται καὶ τὰς μαρτυρίας ἐφεξῆς τῶν παρόντων, ὅτʼ ἀφίει τῆς μισθώσεως καὶ τῶν ἄλλων ἁπάντων ἐγκλημάτων Ἀπολλόδωρος. λαβέ μοι τὰς μαρτυρίας ταυτασὶ καὶ τὸν νόμον. ΜΑΡΤΥΡΙΑΙ. ΝΟΜΟΣ.

[¶23] 25. And with good reason. For if it is just that suit may not be brought again for cases which have once been tried, it is far more just that suit be not allowed for claims in which a discharge has been given. For a man who has lost his suit in your court might perhaps say that you had been deceived; but when a man has plainly decided against himself, by giving a release and discharge, what complaint can he bring against himself that will give him the right to bring suit again regarding the same matters? None whatever, of course. Therefore the man who framed this law placed first among cases in which suit may not be brought all those in which a man has given a release or discharge. Both of these have been given by the plaintiff; for he has released and discharged the defendant. That I am speaking the truth, men of Athens, has been proved to you by the evidence presented.

> Greek: 25. ἀκούετε τοῦ νόμου λέγοντος, ὦ ἄνδρες Ἀθηναῖοι, τά τʼ ἄλλʼ ὧν μὴ εἶναι δίκας, καὶ ὅσα τις ἀφῆκεν ἢ ἀπήλλαξεν. εἰκότως· εἰ γάρ ἐστι δίκαιον, ὧν ἂν ἅπαξ γένηται δίκη, μηκέτʼ ἐξεῖναι δικάζεσθαι, πολὺ τῶν ἀφεθέντων δικαιότερον μὴ εἶναι δίκας. ὁ μὲν γὰρ ἐν ὑμῖν ἡττηθεὶς τάχʼ ἂν εἴποι τοῦθʼ ὡς ἐξηπατήθηθʼ ὑμεῖς· ὁ δʼ αὑτοῦ φανερῶς καταγνοὺς καὶ ἀφεὶς καὶ ἀπαλλάξας, τίνʼ ἂν ἑαυτὸν αἰτίαν αἰτιασάμενος τῶν αὐτῶν πάλιν εἰκότως δικάζοιτο; οὐδεμίαν δήπου. διόπερ τοῦτο πρῶτον ἔγραψεν ὁ τὸν νόμον θεὶς ὧν μὴ εἶναι δίκας, ὅσα τις ἀφῆκεν ἢ ἀπήλλαξεν. ἃ τῷδε γέγονεν ἀμφότερα· καὶ γὰρ ἀφῆκεν καὶ ἀπήλλαξεν. ὡς δʼ ἀληθῆ λέγω, μεμαρτύρηται ὑμῖν, ὦ ἄνδρες Ἀθηναῖοι. λαβὲ δή μοι καὶ τὸν τῆς προθεσμίας νόμον. ΝΟΜΟΣ.

[¶24] 26. Take now, please, the statute of limitations. The Law The law, men of Athens, has thus clearly defined the time. But this man Apollodorus, when more than twenty years have gone by, demands that you pay more heed to his malicious charges than to the laws in accordance with which you have sworn to give judgement. You should have regard to all the laws, but to this one, men of Athens, above all others.

> Greek: 26. ὁ μὲν τοίνυν νόμος, ὦ ἄνδρες Ἀθηναῖοι, σαφῶς οὑτωσὶ τὸν χρόνον ὥρισεν· Ἀπολλόδωρος δʼ οὑτοσὶ παρεληλυθότων ἐτῶν πλέον ἢ εἴκοσιν τὴν ἑαυτοῦ συκοφαντίαν ἀξιοῖ περὶ πλείονος ὑμᾶς ποιήσασθαι τῶν νόμων, καθʼ οὓς ὀμωμοκότες δικάζετε. καίτοι πᾶσι μὲν τοῖς νόμοις προσέχειν εἰκός ἐσθʼ ὑμᾶς, οὐχ ἥκιστα δὲ τούτῳ, ὦ ἄνδρες Ἀθηναῖοι.

[¶25] 27. For, in my judgement, Solon framed it for no other purpose than to prevent your having to be subjected to malicious and baseless actions. For in the case of those who were wronged, he thought that a period of five years was enough to enable them to recover what was their due; while the lapse of time would best serve to convict those who advanced false claims. At the same time, since he realized that neither the contracting parties nor the witnesses would live forever, he put the law in their place, that it might be a witness of truth for those who had no other defence.

> Greek: 27. δοκεῖ γάρ μοι καὶ ὁ Σόλων οὐδενὸς ἄλλου ἕνεκα θεῖναι αὐτὸν ἢ τοῦ μὴ συκοφαντεῖσθαι ὑμᾶς. τοῖς μὲν γὰρ ἀδικουμένοις τὰ πέντʼ ἔτη ἱκανὸν ἡγήσατʼ εἶναι εἰσπράξασθαι· κατὰ δὲ τῶν ψευδομένων τὸν χρόνον ἐνόμισεν σαφέστατον ἔλεγχον ἔσεσθαι. καὶ ἅμʼ ἐπειδὴ ἀδύνατον ἔγνω ὂν τούς τε συμβάλλοντας καὶ τοὺς μάρτυρας ἀεὶ ζῆν, τὸν νόμον ἀντὶ τούτων ἔθηκεν, ὅπως μάρτυς εἴη τοῦ δικαίου τοῖς ἐρήμοις.

[¶26] 28. I, for my part, am wondering, men of the jury, what in the world the plaintiff, Apollodorus, will try to say in reply to these arguments. For he can hardly have made this assumption that you, although seeing that he has suffered no wrong financially, will be indignant because Phormio has married his mother. For he is not unaware of this—it is no secret to him or to many of you—that Socrates, the well-known banker, having been set free by his masters just as the plaintiff’s father had been, gave his wife in marriage to Satyrus who had been his slave.

> Greek: 28. θαυμάζω τοίνυν ἔγωγʼ, ὦ ἄνδρες δικασταί, τί ποτʼ ἐστὶν ἃ πρὸς ταῦτʼ ἐπιχειρήσει λέγειν Ἀπολλόδωρος οὑτοσί. οὐ γὰρ ἐκεῖνό γʼ ὑπείληφεν, ὡς ὑμεῖς, μηδὲν ὁρῶντες εἰς χρήματα τοῦτον ἠδικημένον, ὀργιεῖσθʼ ὅτι τὴν μητέρʼ ἔγημεν αὐτοῦ Φορμίων. οὐ γὰρ ἀγνοεῖ τοῦτο, οὐδʼ αὐτὸν λέληθεν, οὐδʼ ὑμῶν πολλούς, ὅτι Σωκράτης ὁ τραπεζίτης ἐκεῖνος, παρὰ τῶν κυρίων ἀπαλλαγεὶς ὥσπερ ὁ τούτου πατήρ, ἔδωκε Σατύρῳ τὴν ἑαυτοῦ γυναῖκα, ἑαυτοῦ ποτὲ γενομένῳ.

[¶27] 29. Another, Socles, who had been in the banking business, gave his wife in marriage to Timodemus, who is still in being and alive, who had been his slave. And it is not here only, men of Athens, that those engaged in this line of business so act; but in Aegina Strymodorus gave his wife in marriage to Hermaeus, his own slave, and again, after her death, gave him his own daughter.

> Greek: 29. ἕτερος Σωκλῆς τραπεζιτεύσας ἔδωκε τὴν ἑαυτοῦ γυναῖκα Τιμοδήμῳ τῷ νῦν ἔτʼ ὄντι καὶ ζῶντι, γενομένῳ ποθʼ αὑτοῦ. καὶ οὐ μόνον ἐνθάδε ταῦτα ποιοῦσιν οἱ περὶ τὰς ἐργασίας ὄντες ταύτας, ὦ ἄνδρες Ἀθηναῖοι, ἀλλʼ ἐν Αἰγίνῃ ἔδωκεν Στρυμόδωρος Ἑρμαίῳ τῷ ἑαυτοῦ οἰκέτῃ τὴν γυναῖκα, καὶ τελευτησάσης ἐκείνης ἔδωκε πάλιν τὴν θυγατέρα τὴν ἑαυτοῦ. καὶ πολλοὺς ἂν ἔχοι τις εἰπεῖν τοιούτους.

[¶28] 30. And one could mention many other such cases; and no wonder. For although to you, men of Athens, who are citizens by birth, it would be a disgrace to esteem any conceivable amount of wealth above your honorable descent, yet those who obtain citizenship as a gift either from you or from others, and who in the first instance, thanks to this good fortune, were counted worthy of the same privileges, because of their success in money-making, and their possession of more wealth than others, must hold fast to these advantages. So your father Pasio—and he was neither the first nor the last to do this—without bringing disgrace upon himself or upon you, his sons, but seeing that the only protection for his business was that he should bind the defendant to you by a family tie, for this reason gave to him in marriage his own wife, your mother.

> Greek: 30. εἰκότως· ὑμῖν μὲν γάρ, ὦ ἄνδρες Ἀθηναῖοι, τοῖς γένει πολίταις, οὐδὲ ἓν πλῆθος χρημάτων ἀντὶ τοῦ γένους καλόν ἐστιν ἑλέσθαι· τοῖς δὲ τοῦτο μὲν δωρεὰν ἢ παρʼ ὑμῶν ἢ παρʼ ἄλλων τινῶν λαβοῦσιν, τῇ τύχῃ δʼ ἐξ ἀρχῆς ἀπὸ τοῦ χρηματίσασθαι καὶ ἑτέρων πλείω κτήσασθαι καὶ αὐτῶν τούτων ἀξιωθεῖσιν, ταῦτʼ ἐστὶν φυλακτέα. διόπερ Πασίων ὁ πατὴρ ὁ σὸς οὐ πρῶτος οὐδὲ μόνος, οὐδʼ αὑτὸν ὑβρίζων οὐδʼ ὑμᾶς τοὺς υἱεῖς, ἀλλὰ μόνην ὁρῶν σωτηρίαν τοῖς ἑαυτοῦ πράγμασιν, εἰ τοῦτον ἀνάγκῃ ποιήσειεν οἰκεῖον ὑμῖν, ἔδωκε τὴν ἑαυτοῦ γυναῖκα, μητέρα δʼ ὑμετέραν τούτῳ.

[¶29] 31. If, then, you examine his conduct in the light of practical utility you will find that he determined wisely; but if from family pride you scorn Phormio as stepfather, see if it be not absurd for you to speak thus. For, if one were to ask you what sort of a man you deem your father to have been, I am sure that you would say, “an honorable man.” Now, then, which of you two do you think more resembles Pasio in character and in manner of life, yourself or Phormio? I know well that you think Phormio does. Then do you scorn this man who is more like your father than you are yourself, just because he has married your mother?

> Greek: 31. πρὸς μὲν οὖν τὰ συμφέροντʼ ἐὰν ἐξετάζῃς, καλῶς βεβουλευμένον αὐτὸν εὑρήσεις· εἰ δὲ πρὸς γένους δόξαν ἀναίνει Φορμίωνα κηδεστήν, ὅρα μὴ γελοῖον ᾖ σὲ ταῦτα λέγειν. εἰ γάρ τις ἔροιτό σε, ποῖόν τινʼ ἡγεῖ τὸν πατέρα τὸν σεαυτοῦ εἶναι, χρηστὸν εὖ οἶδʼ ὅτι φήσειας ἄν. πότερον οὖν οἴει μᾶλλον ἐοικέναι τὸν τρόπον καὶ πάντα τὸν βίον Πασίωνι σαυτὸν ἢ τουτονί; ἐγὼ μὲν εὖ οἶδʼ ὅτι τοῦτον. εἶθʼ ὅς ἐστιν ὁμοιότερος σοῦ τῷ σῷ πατρί, τοῦτον, εἰ τὴν μητέρα τὴν σὴν ἔγημεν, ἀναίνει.

## 2. Sections 32–62

Source: https://scriptura.si/works/demosthenes-for-phormio/2/ · cite a paragraph as https://scriptura.si/works/demosthenes-for-phormio/2/#p-N

[¶0] 32. But that this arrangement was made by your father’s grant and solemn injunction may not only be seen from the will, men of Athens, but you yourself, Apollodorus, are a witness to the fact. For when you claimed the right to distribute your mother’s estate share by share—and she had left children by the defendant, Phormio—you then acknowledged that your father had given her with full right, and that she had been married in accordance with the laws. For if Phormio had taken her to wife wrongfully, and no one had given her—then the children were not heirs, and if they were not heirs they had no right of sharing in the property. To prove that I am speaking the truth in this evidence has been submitted showing that he received a fourth share and gave a release from all claims.

> Greek: 32. ἀλλὰ μὴν ὅτι γε δόντος καὶ ἐπισκήψαντος τοῦ σοῦ πατρὸς ταῦτʼ ἐπράχθη, οὐ μόνον ἐκ τῆς διαθήκης ἔστιν ἰδεῖν, ὦ ἄνδρες Ἀθηναῖοι, ἀλλὰ καὶ σὺ μάρτυς αὐτὸς γέγονας. ὅτε γὰρ τὰ μητρῷα πρὸς μέρος ἠξίους νέμεσθαι, ὄντων παίδων ἐκ τῆς γυναικὸς Φορμίωνι τουτῳί, τόθʼ ὡμολόγεις κυρίως δόντος τοῦ πατρὸς τοῦ σοῦ κατὰ τοὺς νόμους αὐτὴν γεγαμῆσθαι. εἰ γὰρ αὐτὴν εἶχε λαβὼν ἀδίκως ὅδε μηδενὸς δόντος, οὐκ ἦσαν οἱ παῖδες κληρονόμοι, τοῖς δὲ μὴ κληρονόμοις οὐκ ἦν μετουσία τῶν ὄντων. ἀλλὰ μὴν ὅτι ταῦτʼ ἀληθῆ λέγω, μεμαρτύρηται τὸ τέταρτον μέρος λαβεῖν καὶ ἀφεῖναι τῶν ἐγκλημάτων ἁπάντων.

[¶1] 33. Having, then, on no single point, men of Athens, any just claim to advance, he had the audacity to make before the arbitrator the most shameless assertions which it is best that you should hear in advance: first that no will was made at all, but that this is a fiction and forgery from beginning to end; and, secondly, that the reason why he had made all these concessions up to now, and had abstained from going to law, was because Phormio was willing to pay him a large rent, and promised that he would do so. But since he does not do this, now, he says, I go to law.

> Greek: 33. κατʼ οὐδὲν τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, δίκαιον οὐδὲν ἔχων εἰπεῖν, ἀναιδεστάτους λόγους ἐτόλμα λέγειν πρὸς τῷ διαιτητῇ, περὶ ὧν προακηκοέναι βέλτιόν ἐσθʼ ὑμᾶς, ἕνα μὲν τὸ παράπαν μὴ γενέσθαι διαθήκην, ἀλλʼ εἶναι τοῦτο πλάσμα καὶ σκευώρημʼ ὅλον, ἕτερον δʼ ἕνεκα τούτου πάντα ταῦτα συγχωρεῖν τὸν πρὸ τοῦ χρόνον καὶ οὐχὶ δικάζεσθαι, ὅτι μίσθωσιν ἤθελεν αὐτῷ φέρειν Φορμίων πολλὴν καὶ ὑπισχνεῖτʼ οἴσειν· ἐπειδὴ δʼ οὐ ποιεῖ ταῦτα, τηνικαῦτα, φησίν, δικάζομαι.

[¶2] 34. But that both of these statements, if he makes them, will be false and inconsistent with his own conduct, pray observe from the following considerations. When he denies the will, ask him this, how it came that he received the lodging-house under the will as being the elder. He surely will not claim that all the clauses which his father wrote in the will in his favor are valid, and the others invalid.

> Greek: 34. ὅτι δὲ ταῦτʼ ἀμφότερʼ, ἐὰν λέγῃ, ψεύσεται καὶ τοῖς ὑφʼ ἑαυτοῦ πεπραγμένοις ἐναντίʼ ἐρεῖ, σκοπεῖτʼ ἐκ τωνδί. ὅταν μὲν τοίνυν τὴν διαθήκην ἀρνῆται, ἐκ τίνος τρόπου πρεσβεῖα λαβὼν τὴν συνοικίαν κατὰ τὴν διαθήκην ἔχει, τοῦτʼ ἐρωτᾶτʼ αὐτόν. οὐ γὰρ ἐκεῖνό γʼ ἐρεῖ, ὡς ἃ μὲν πλεονεκτεῖν τόνδʼ ἔγραψεν ὁ πατήρ, κύριʼ ἐστὶν τῆς διαθήκης, τὰ δʼ ἄλλʼ ἄκυρα.

[¶3] 35. And when he says that he was misled by the defendant’s promises, remember that we have brought before you as witnesses those who for a long time, after Phormio had given it up, became lessees under the two brothers of the bank and the shield-factory. And yet it was when he granted the lease to these men, that he should at once have made his charges against the defendant if there were any truth in the claims, for which he then gave a release, but for which he now brings suit against him. To prove that I am speaking the truth that he took the lodging-house under the terms of the will as being the elder, and that he not only thought it right to make no claims against the defendant, but on the contrary praised his conduct, take the deposition. The Deposition That you may know, men of Athens, what large sums he has received from the rents and from the debts —he, who will presently wail as though he were destitute and had lost everything—hear a brief account from me.

> Greek: 35. ὅταν δʼ ὑπὸ τῶν τοῦδʼ ὑποσχέσεων ὑπάγεσθαι φῇ, μέμνησθʼ ὅτι μάρτυρας ὑμῖν παρεσχήμεθα, οἳ χρόνον πολὺν τοῦδʼ ἀπηλλαγμένου μισθωταὶ τούτοις ἐγίγνοντο τῆς τραπέζης καὶ τοῦ ἀσπιδοπηγείου. καίτοι τόθʼ, ὁπηνίκʼ ἐμίσθωσεν ἐκείνοις, τῷδʼ ἐγκαλεῖν παραχρῆμʼ ἐχρῆν, εἴπερ ἀληθῆ ἦν ὑπὲρ ὧν τότʼ ἀφεὶς νῦν τούτῳ δικάζεται. ὡς τοίνυν ἀληθῆ λέγω, καὶ πρεσβεῖά τε τὴν συνοικίαν ἔλαβεν κατὰ τὴν διαθήκην, καὶ τῷδʼ οὐχ ὅπως ἐγκαλεῖν ᾤετο δεῖν, ἀλλʼ ἐπῄνει, λαβὲ τὴν μαρτυρίαν. ΜΑΡΤΥΡΙΑ.

[¶4] 36. This man has collected twenty talents in all owing to debts he has recovered from the papers which his father left, and of these sums more than half he keeps in his possession; for in many instances he is defrauding his brother of his share.

> Greek: 36. ἵνα τοίνυν εἰδῆτʼ, ὦ ἄνδρες Ἀθηναῖοι, ὅσα χρήματʼ ἔχων ἐκ τῶν μισθώσεων καὶ ἐκ τῶν χρεῶν ὡς ἀπορῶν καὶ πάντʼ ἀπολωλεκὼς ὀδυρεῖται, βραχέʼ ἡμῶν ἀκούσατε. οὗτος γὰρ ἐκ μὲν τῶν χρεῶν ὁμοῦ τάλαντʼ εἴκοσιν εἰσπέπρακται ἐκ τῶν γραμμάτων ὧν ὁ πατὴρ κατέλιπεν, καὶ τούτων ἔχει πλέον ἢ τὰ ἡμίσεα (πολλῶν γὰρ τὰ μέρη τὸν ἀδελφὸν ἀποστερεῖ).

[¶5] 37. From the lessee, for the eight years during which Phormio had the bank, he received eighty minae a year, half of the whole rent. These items make ten talents and forty minae. For ten years after that, during which they subsequently leased the bank to Xeno and Euphraeus and Euphro and Callistratus, he received a talent every year.

> Greek: 37. ἐκ δὲ τῶν μισθώσεων, ὀκτὼ μὲν ἐτῶν ἃ Φορμίων εἶχε τὴν τράπεζαν, ὀγδοήκοντα μνᾶς τοῦ ἐνιαυτοῦ ἑκάστου, τὸ ἥμισυ τῆς ὅλης μισθώσεως· καὶ ταῦτʼ ἐστὶ δέκα τάλαντα καὶ τετταράκοντα μναῖ· δέκα δὲ τῶν μετὰ ταῦτα, ὧν ἐμίσθωσαν ὕστερον Ξένωνι καὶ Εὐφραίῳ καὶ Εὔφρονι καὶ Καλλιστράτῳ, τάλαντον τοῦ ἐνιαυτοῦ ἑκάστου.

[¶6] 38. Besides this he has had for about twenty years the income of the property originally divided, of which he himself had charge, more than thirty minae. If you add all these sums together,—what he got from the distribution, what he recovered from the debts, and what he has collected as rent, it will be plain that he has received more than forty talents, to say nothing of the present Phormio made him, and his inheritance from his mother, and what he has had from the bank and does not pay back—two and one-half talents and six hundred drachmae.

> Greek: 38. χωρὶς δὲ τούτων, ἐτῶν ἴσως εἴκοσι τῆς ἐξ ἀρχῆς νεμηθείσης οὐσίας, ἧς αὐτὸς ἐπεμελεῖτο, τὰς προσόδους, πλέον ἢ μνᾶς τριάκοντα. ἐὰν δʼ ἅπαντα συνθῆτε, ὅσʼ ἐνείματο, ὅσʼ εἰσεπράξατο, ὅσʼ εἴληφε μίσθωσιν, πλέον ἢ τετταράκοντα τάλαντʼ εἰληφὼς φανήσεται, χωρὶς ὧν οὗτος εὖ πεποίηκεν, καὶ τῶν μητρῴων, καὶ ὧν ἀπὸ τῆς τραπέζης ἔχων οὐκ ἀποδίδωσι πένθʼ ἡμιταλάντων καὶ ἑξακοσίων δραχμῶν.

[¶7] 39. Ah, but, you will tell us, the state has received these sums, and you have been outrageously treated, having used up your fortune in public services! No; what you expended in public service out of the undivided funds, you and your brother expended jointly; and what you gave after that does not amount to the interest, I will not say on two talents, but even on twenty minae. Do not, then, accuse the state, nor say that the state has received that portion of your patrimony which you have shamefully and wickedly squandered.

> Greek: 39. ἀλλὰ νὴ Δία ταῦθʼ ἡ πόλις εἴληφεν, καὶ δεινὰ πέπονθας πολλὰ καταλελῃτουργηκώς. ἀλλʼ ἃ μὲν ἐκ κοινῶν ἐλῃτούργεις τῶν χρημάτων, σὺ καὶ ἁδελφὸς ἀνηλώσατε· ἃ δʼ ὕστερον, οὐκ ἔστιν ἄξια μὴ ὅτι δυοῖν ταλάντοιν προσόδου, ἀλλʼ οὐδʼ εἴκοσι μνῶν. μηδὲν οὖν τὴν πόλιν αἰτιῶ, μηδʼ ἃ σὺ τῶν ὄντων αἰσχρῶς καὶ κακῶς ἀνήλωκας, ὡς ἡ πόλις εἴληφεν, λέγε.

[¶8] 40. That you may know, men of Athens, the amount of property which he has received, and the public services which he has assumed, the clerk shall read to you the items one by one. Please take this list and this challenge and these depositions. The List. The Challenge. The Depositions All these monies he has received; he has debts due him to the value of many talents, which he is collecting, some by voluntary payments, some by bringing action.

> Greek: 40. ἵνα δʼ εἰδῆτʼ, ὦ ἄνδρες Ἀθηναῖοι, τό τε πλῆθος τῶν χρημάτων ὧν εἴληφε, καὶ τὰς λῃτουργίας ἃς λελῃτούργηκεν, ἀναγνώσεται ὑμῖν καθʼ ἓν ἕκαστον. λαβέ μοι τὸ βιβλίον τουτὶ καὶ τὴν πρόκλησιν ταυτηνὶ καὶ τὰς μαρτυρίας ταυτασί. ⟨ΒΙΒΛΙΟΝ.⟩ ΠΡΟΚΛΗΣΙΣ. ΜΑΡΤΥΡΙΑΙ.

[¶9] 41. These debts were owing to Pasio—quite apart from the rent of the bank and the other property which he left;—and these the two brothers have recovered. He has expended upon public services merely what you have heard, the smallest fraction of his income, not to say of his capital; and yet he will assume a bragging air, and will talk about his expenditures for trierarchal and choregic services.

> Greek: 41. τοσαῦτα μὲν τοίνυν χρήματʼ εἰληφὼς καὶ χρέα πολλῶν ταλάντων ἔχων, ὧν τὰ μὲν παρʼ ἑκόντων, τὰ δʼ ἐκ τῶν δικῶν εἰσπράττει, ἃ τῆς μισθώσεως ἔξω τῆς τραπέζης καὶ τῆς ἄλλης οὐσίας, ἣν κατέλιπεν Πασίων, ὠφείλετʼ ἐκείνῳ καὶ νῦν παρειλήφασιν οὗτοι, καὶ τοσαῦτʼ ἀνηλωκὼς ὅσʼ ὑμεῖς ἠκούσατε, οὐδὲ πολλοστὸν μέρος τῶν προσόδων, μὴ ὅτι τῶν ἀρχαίων, εἰς τὰς λῃτουργίας, ὅμως ἀλαζονεύσεται καὶ τριηραρχίας ἐρεῖ καὶ χορηγίας.

[¶10] 42. I have shown you that these assertions of his will be false; however, even if they should all prove to be true, I think it more honorable and more just that he should continue to render public service from his own funds, than that you should give him the defendant’s property, and while receiving yourselves but a small portion of the whole, should see the defendant reduced to extreme poverty, and the plaintiff in wanton insolence and spending his money in the manner that has been his wont.

> Greek: 42. ἐγὼ δʼ, ὡς μὲν οὐκ ἀληθῆ ταῦτʼ ἐρεῖ, ἐπέδειξα, οἶμαι μέντοι, κἂν εἰ ταῦτα πάντʼ ἀληθῆ λέγοι, κάλλιον εἶναι καὶ δικαιότερον τόνδʼ ἀπὸ τῶν αὑτοῦ λῃτουργεῖν ὑμῖν ἢ τούτῳ δόντας τὰ τούτου, μικρὰ τῶν πάντων αὐτοὺς μετασχόντας, τόνδε μὲν ἐν ταῖς ἐσχάταις ἐνδείαις ὁρᾶν, τοῦτον δʼ ὑβρίζοντα καὶ εἰς ἅπερ εἴωθεν ἀναλίσκοντα.

[¶11] 43. With regard now to Phormio’s wealth and his having got it from your father’s estate, and the questions you said you were going to ask as to how Phormio acquired his fortune, you have the least right of any man in the world to speak thus. For Pasio, your father, did not acquire his fortune, any more than Phormio did, by good luck or by inheritance from his father, but he gave proof to the bankers, Antisthenes and Archestratus, who were his masters, that he was a good man and an honest, and so won their confidence.

> Greek: 43. ἀλλὰ μὴν περί γε τῆς εὐπορίας, ὡς ἐκ τῶν τοῦ πατρὸς τοῦ σοῦ κέκτηται, καὶ ὧν ἐρωτήσειν ἔφησθα, πόθεν τὰ ὄντα κέκτηται Φορμίων, μόνῳ τῶν ὄντων ἀνθρώπων σοὶ τοῦτον οὐκ ἔνεστʼ εἰπεῖν τὸν λόγον. οὐδὲ γὰρ Πασίων ὁ σὸς πατὴρ ἐκτήσαθʼ εὑρὼν οὐδὲ τοῦ πατρὸς αὐτῷ παραδόντος, ἀλλὰ παρὰ τοῖς αὑτοῦ κυρίοις Ἀντισθένει καὶ Ἀρχεστράτῳ τραπεζιτεύουσι πεῖραν δοὺς ὅτι χρηστός ἐστι καὶ δίκαιος, ἐπιστεύθη.

[¶12] 44. It is remarkable what a striking thing it is in the eyes of people who are active in commercial life and in banking, when the same man is accounted industrious and is honest. Well; this quality was not imparted to Pasio by his masters; he was himself honest by nature; nor did your father impart it to Phormio. It was yourself, rather than Phormio, whom he would have made honest, if he had had the power. If you do not know that for money-making the best capital of all is trustworthiness, you do not know anything at all. But, apart from all this, Phormio has in many ways shown himself useful to your father and to you, and in general to your affairs. But your insatiate greed and your character, I take it, no one could adequately express.

> Greek: 44. ἔστι δʼ ἐν ἐμπορίῳ καὶ χρήμασιν ἐργαζομένοις ἀνθρώποις φιλεργὸν δόξαι καὶ χρηστὸν εἶναι τὸν αὐτὸν θαυμαστὸν ἡλίκον. οὔτʼ οὖν ἐκείνῳ τοῦθʼ οἱ κύριοι παρέδωκαν, ἀλλʼ αὐτὸς ἔφυ χρηστός, οὔτε τῷδʼ ὁ σὸς πατήρ· σὲ γὰρ ἂν πρότερον τοῦδε χρηστὸν ἐποίησεν, εἰ ἦν ἐπʼ ἐκείνῳ. εἰ δὲ τοῦτʼ ἀγνοεῖς, ὅτι πίστις ἀφορμὴ πασῶν ἐστι μεγίστη πρὸς χρηματισμόν, πᾶν ἂν ἀγνοήσειας. χωρὶς δὲ τούτων πολλὰ καὶ τῷ σῷ πατρὶ καὶ σοὶ καὶ ὅλως τοῖς ὑμετέροις πράγμασι Φορμίων γέγονε χρήσιμος. ἀλλʼ οἶμαι τῆς σῆς ἀπληστίας καὶ τοῦ σοῦ τρόπου τίς ἂν δύναιτʼ ἐφικέσθαι.

[¶13] 45. I am surprised that you do not of yourself make this reflection, that Archestratus, to whom your father formerly belonged, has a son here, Antimachus, who fares not at all as he deserves, and who does not go to law with you and say that he is outrageously treated, because you wear a soft mantle, and have redeemed one mistress, and have given another in marriage (all this, while you have a wife of your own), and take three attendant slaves about with you, and live so licentiously that even those who meet you on the street perceive it, while he himself is in great destitution.

> Greek: 45. καὶ δῆτα θαυμάζω πῶς οὐ λογίζει πρὸς σεαυτόν, ὅτι ἔστιν Ἀρχεστράτῳ τῷ ποτὲ τὸν σὸν πατέρα κτησαμένῳ υἱὸς ἐνθάδε, Ἀντίμαχος, πράττων οὐ κατʼ ἀξίαν, ὃς οὐ δικάζεταί σοι, οὐδὲ δεινά φησι πάσχειν, εἰ σὺ μὲν χλανίδα φορεῖς, καὶ τὴν μὲν λέλυσαι, τὴν δʼ ἐκδέδωκας ἑταίραν, καὶ ταῦτα γυναῖκʼ ἔχων ποιεῖς, καὶ τρεῖς παῖδας ἀκολούθους περιάγει, καὶ ζῇς ἀσελγῶς ὥστε καὶ τοὺς ἀπαντῶντας αἰσθάνεσθαι, αὐτὸς δʼ ἐκεῖνος πολλῶν ἐνδεής ἐστιν.

[¶14] 46. Nor does he fail to see Phormio’s condition. And yet if on this ground you think you have a claim on Phormio’s property, because he once belonged to your father, Antimachus has a stronger claim than you have. For your father in his turn belonged to those men, so that both you and Phormio by this argument belong to Antimachus. But you are so lost to all proper feeling, that you yourself compel people to say things which you ought to hate anyone for saying.

> Greek: 46. οὐδὲ τὸν Φορμίωνʼ ἐκεῖνος οὐχ ὁρᾷ. καίτοι εἰ κατὰ τοῦτʼ οἴει σοι προσήκειν τῶν τούτου, ὅτι τοῦ πατρός ποτʼ ἐγένετο τοῦ σοῦ, ἐκείνῳ προσήκει μᾶλλον ἢ σοί· ὁ γὰρ αὖ σὸς πατὴρ ἐκείνων ἐγένετο, ὥστε καὶ σὺ καὶ οὗτος ἐκείνου γίγνεσθʼ ἐκ τούτου τοῦ λόγου. σὺ δʼ εἰς τοῦθʼ ἥκεις ἀγνωμοσύνης ὥσθʼ ἃ προσήκει σοι τοὺς λέγοντας ἐχθροὺς νομίζειν, ταῦτʼ αὐτὸς ποιεῖς ἀνάγκην εἶναι λέγειν.

[¶15] 47. You disgrace yourself and your dead parents, and you cast reproach upon the state, and instead of adorning and cherishing this good fortune which your father, and afterward Phormio have come to enjoy through the kindness of these men, so that it might have appeared as the highest of honors for those who gave it and for you who obtained it, you drag it into public view, you point the finger of scorn at it, you criticize it; you all but taunt the Athenians for admitting to citizenship a person like yourself.

> Greek: 47. καὶ ὑβρίζεις μὲν σαυτὸν καὶ τοὺς γονέας τεθνεῶτας, προπηλακίζεις δὲ τὴν πόλιν, καὶ ἃ τῆς τουτωνὶ φιλανθρωπίας ἀπολαύσας ηὕρεθʼ ὁ σὸς πατὴρ καὶ μετὰ ταῦτα Φορμίων οὑτοσί, ταῦτʼ ἀντὶ τοῦ κοσμεῖν καὶ περιστέλλειν, ἵνα καὶ τοῖς δοῦσιν ὡς εὐσχημονέστατʼ ἐφαίνετο καὶ τοῖς λαβοῦσιν ὑμῖν, ἄγεις εἰς μέσον, δεικνύεις, ἐλέγχεις, μόνον οὐκ ὀνειδίζεις οἷον ὄντα σʼ ἐποιήσαντʼ Ἀθηναῖον.

[¶16] 48. Indeed you have come to such a pitch of insanity—what other name can one find for it?—as not to see that at this moment we, who claim that, since Phormio has received his freedom, it should not be remembered against him that he once belonged to your father, are speaking in your interest; while you, in insisting that he should never be on a footing of equality with yourself, are speaking against yourself; for the same rule, which you lay down as just for yourself against Phormio, will be advanced against you by those who at the first were the masters of your father. To prove that Pasio also was somebody’s slave, and that he afterwards won his freedom in the same manner in which Phormio won his from you, take, please, these depositions, which show that Pasio belonged to Archestratus. The Depositions The man, then, who at the first saved the family fortune, and rendered himself useful in many ways to this man’s father, the man who has conferred upon Apollodorus himself all the benefits of which you have heard, he it is against whom the plaintiff seeks a judgement with such heavy damages, and thinks proper to cast out in ruin contrary to all right.

> Greek: 48. εἶτʼ εἰς τοῦθʼ ἥκεις μανίας (τί γὰρ ἂν ἄλλο τις εἴποι;) ὥστʼ οὐκ αἰσθάνει ὅτι καὶ νῦν ἡμεῖς μὲν ἀξιοῦντες, ἐπειδήπερ ἀπηλλάγη Φορμίων, μηδὲν ὑπόλογον εἶναι εἴ ποτε τοῦ σοῦ πατρὸς ἐγένετο, ὑπὲρ σοῦ λέγομεν, σὺ δὲ μηδέποτʼ ἐξ ἴσου σοι γενέσθαι τοῦτον ἀξιῶν κατὰ σαυτοῦ λέγεις· ἃ γὰρ ἂν σὺ δίκαια σαυτῷ κατὰ τούτου τάξῃς, ταὐτὰ ταῦθʼ ἥξει κατὰ σοῦ παρὰ τῶν τὸν σὸν πατέρʼ ἐξ ἀρχῆς κτησαμένων. ἀλλὰ μὴν ὅτι κἀκεῖνος ἦν τινῶν, εἶτʼ ἀπηλλάγη τὸν αὐτὸν τρόπον ὅνπερ οὗτος ἀφʼ ὑμῶν, λαβέ μοι ταυτασὶ τὰς μαρτυρίας, ὡς ἐγένετο Πασίων Ἀρχεστράτου. ΜΑΡΤΥΡΙΑΙ.

[¶17] 49. For that, Apollodorus, is all that you could possibly accomplish. For, if you look closely at the property, you will see to whom it belongs, in case—which heaven forbid!—these jurymen are misled by you. Do you see Aristolochus, son of Charidemus? Once he possessed some land; now many people own it; for he acquired it while he was in debt to many. And Sosinomus and Timodemus and the other bankers, who, when they had to settle with their creditors, had to give up all their property. But you think it unnecessary to have regard even for the precautions which your father, a far better man than you and a wiser, took to meet all contingencies.

> Greek: 49. εἶτα τὸν σῴσαντα μὲν ἐξ ἀρχῆς τὰ πράγματα καὶ πολλὰ χρήσιμον αὑτὸν παρασχόντα τῷ πατρὶ τῷ τούτου, τοσαῦτα δʼ αὐτὸν τοῦτον ἀγάθʼ εἰργασμένον, ὅσʼ ὑμεῖς ἀκηκόατε, τοῦτον οἴεται δεῖν ἑλὼν τηλικαύτην δίκην ἀδίκως ἐκβαλεῖν. οὐ γὰρ ἄλλο γʼ ἔχοις οὐδὲν ἂν ποιῆσαι. εἰς μὲν γὰρ τὰ ὄντʼ εἰ βλέπεις ἀκριβῶς, ταῦθʼ εὑρήσεις ὧν ἔστιν, ἐάν, ὃ μὴ γένοιτο, ἐξαπατηθῶσιν οὗτοι. ὁρᾷ τὸν Ἀριστόλοκον τὸν Καπιδήμου· ποτʼ εἶχεν ἀργόν, εἶτά γε νῦν πολλοῖς γὰρ ἐκεῖνος ὀφείλων αὐτὸν ἐκτήσατο. καὶ τὸν Σωσίνομον καὶ τὸν Τιμόδημον καὶ τοὺς ἄλλους τραπεζίτας, οἵ, ἐπειδὴ διαλύειν ἐδέησεν οἷς ὤφειλον, ἐξέστησαν ἅπαντες τῶν ὄντων. σὺ δʼ οὐδὲν οἴει δεῖν σκοπεῖν οὐδʼ ὧν ὁ πατὴρ σοῦ πολλῷ βελτίων ὢν καὶ ἄμεινον φρονῶν πρὸς ἅπαντʼ ἐβουλεύσατο.

[¶18] 51. He—O Zeus and the gods—esteemed Phormio to be so much more valuable than you both to yourself and to him and to your business, that, although you were a man grown, it was to Phormio, not to you, that he left the control of the leases, and gave him his wife in marriage and honored him as long as he lived. And justly too, men of Athens. For other bankers, who had no rent to pay, but carried on their business on their own account, have all come to ruin; while Phormio, who paid a rent of two talents and forty minae, saved the bank for you.

> Greek: 51. ὅς, ὦ Ζεῦ καὶ θεοί, τοσούτῳ τοῦτον ἡγεῖτο σοῦ πλείονος ἄξιον εἶναι καὶ σοὶ καὶ ἑαυτῷ καὶ τοῖς ὑμετέροις πράγμασιν ὥστʼ ἀνδρὸς ὄντος σοῦ τοῦτον, οὐ σὲ τῶν ἡμίσεων κατέλιπεν ἐπίτροπον καὶ τὴν γυναῖκʼ ἔδωκεν καὶ ζῶν αὐτὸν ἐτίμα, δικαίως, ὦ ἄνδρες Ἀθηναῖοι· οἱ μὲν γὰρ ἄλλοι τραπεζῖται μίσθωσιν οὐ φέροντες, ἀλλʼ αὐτοὶ ἑαυτοῖς ἐργαζόμενοι, πάντες ἀπώλοντο, οὗτος δὲ μίσθωσιν φέρων δύο τάλαντα καὶ τετταράκοντα μνᾶς ὑμῖν ἔσῳσε τὴν τράπεζαν.

[¶19] 52. For this Pasio was grateful to him, but you make no account of it. Nay, in defiance of the will and the imprecations written in it by your father, you harass him, you prosecute him, you calumniate him. My good sir—you can be addressed by this term—will you not desist, and know this—that to be honest profits more than great wealth? In your own case, at any rate, although, if your words are true, you received all this money, it has all been lost, as you say. But, if you had been a man of character, you would not have squandered it.

> Greek: 52. ὧν ἐκεῖνος μὲν χάριν εἶχεν, σὺ δʼ οὐδένα ποιεῖ λόγον, ἀλλʼ ἐναντία τῇ διαθήκῃ καὶ ταῖς ἀπʼ ἐκείνης ἀραῖς, γραφείσαις ὑπὸ τοῦ σοῦ πατρός, ἐλαύνεις συκοφαντεῖς διώκεις. ὦ βέλτιστʼ, εἰ οἷόν τε σὲ τοῦτʼ εἰπεῖν, οὐ παύσει, καὶ γνώσει τοῦθʼ, ὅτι πολλῶν χρημάτων τὸ χρηστὸν εἶναι λυσιτελέστερόν ἐστιν; σοὶ γοῦν, εἴπερ ἀληθῆ λέγεις, χρήματα μὲν τοσαῦτʼ εἰληφότι πάντʼ ἀπόλωλεν, ὡς φής· εἰ δʼ ἦσθʼ ἐπιεικής, οὐκ ἄν ποτʼ αὔτʼ ἀνήλωσας.

[¶20] 53. For my own part, by Zeus and the gods, though I look at the matter from every side, I can see no reason why the jury should be induced by you to give a verdict against the defendant. Why should they? Because you make your charges so soon after the offence? But you make them years and ages later. Ah, but you avoided the trouble of lawsuits all this time? But who does not know of all the cases in which you have been engaged without ceasing, not only prosecuting private suits of no less importance than the present one, but maliciously trumping up public charges, and bringing men to trial? Did you not accuse Timomachus? Did you not accuse Callippus, who is now in Sicily? Or, again, Meno? or Autocles? or Timotheus? or hosts of others?

> Greek: 53. ἀλλʼ ἔγωγε μὰ τὸν Δία καὶ θεοὺς πανταχῇ σκοπῶν οὐδὲν ὁρῶ, διʼ ὅ τι ἂν σοὶ πεισθέντες τουδὶ καταψηφίσαιντο. τί γάρ; ὅτι πλησίον ὄντων τῶν ἀδικημάτων ἐγκαλεῖς; ἀλλʼ ἔτεσι καὶ χρόνοις ὕστερον αἰτιᾷ. ἀλλʼ ὅτι τοῦτον ἀπράγμων ἦσθα τὸν χρόνον; καὶ τίς οὐκ οἶδεν ὅσα πράγματα πράττων οὐ πέπαυσαι, οὐ μόνον δίκας ἰδίας διώκων οὐκ ἐλάττους ταυτησί, ἀλλὰ δημοσίᾳ συκοφαντῶν καὶ κρίνων τίνας οὔ; οὐχὶ Τιμομάχου κατηγόρεις; οὐχὶ Καλλίππου τοῦ νῦν ὄντος ἐν Σικελίᾳ; οὐ πάλιν Μένωνος; οὐκ Αὐτοκλέους; οὐ Τιμοθέου; οὐκ ἄλλων πολλῶν.

[¶21] 54. But is it reasonable to believe that you, who are Apollodorus, would deem it your duty to seek satisfaction for public wrongs, which touched you only in part, sooner than for the private wrongs, concerning which you now bring charges, especially when they were as grave as you now claim? Why, then, did you accuse those men, and leave Phormio alone? You were suffering no wrong, but methinks the charges which you are now bringing are baseless and malicious.

> Greek: 54. καίτοι πῶς ἔχει λόγον σέ, Ἀπολλόδωρον ὄντα, πρότερον τῶν κοινῶν, ὧν μέρος ἠδικοῦ, δίκην ἀξιοῦν λαμβάνειν, ἢ τῶν ἰδίων ὧν νῦν ἐγκαλεῖς, ἄλλως τε καὶ τηλικούτων ὄντων, ὡς σὺ φής; τί ποτʼ οὖν ἐκείνων κατηγορῶν τόνδʼ εἴας; οὐκ ἠδικοῦ, ἀλλʼ οἶμαι συκοφαντεῖς νῦν. ἡγοῦμαι τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, πάντων μάλιστʼ εἰς τὸ πρᾶγμʼ εἶναι τούτων μάρτυρας παρασχέσθαι· τὸν γὰρ συκοφαντοῦντʼ ἀεὶ τί χρὴ νομίζειν νῦν ποιεῖν.

[¶22] 55. I think, then, men of Athens, that nothing could be more to the purpose than to bring forward witnesses to these facts. For if one is continually making baseless charges, what can one expect him to do now? In truth, men of Athens, I think that whatever serves as an index of Phormio’s character, and of his uprightness and his generosity, I may rightly bring before you as something quite to the purpose. For one who is dishonest in all matters might perhaps have wronged the plaintiff among others; but a man who has never wronged anybody in anything, but, on the contrary, has voluntarily done good to many, how could he reasonably be thought to have wronged Apollodorus alone of all men? When you have heard these depositions, you will know the character of either. The Depositions Now read those which bear upon the baseness of Apollodorus.

> Greek: 55. καὶ νὴ Δίʼ ἔγωγʼ, ὦ ἄνδρες Ἀθηναῖοι, νομίζω πάνθʼ ὅσα τοῦ τρόπου τοῦ Φορμίωνός ἐστι σημεῖα καὶ τῆς τούτου δικαιοσύνης καὶ φιλανθρωπίας, καὶ ταῦτʼ εἰς τὸ πρᾶγμʼ εἶναι πρὸς ὑμᾶς εἰπεῖν. ὁ μὲν γὰρ περὶ πάντʼ ἄδικος τάχʼ ἄν, εἰ τύχοι, καὶ τοῦτον ἠδίκει· ὁ δὲ μηδένα μηδὲν ἠδικηκώς, πολλοὺς δʼ εὖ πεποιηκὼς ἑκών, ἐκ τίνος εἰκότως ἂν τρόπου τοῦτον μόνον ἠδίκει τῶν πάντων; τούτων τοίνυν τῶν μαρτυριῶν ἀκούσαντες γνώσεσθε τὸν ἑκατέρου τρόπον. ΜΑΡΤΥΡΙΑΙ.

[¶23] 56. The Depositions Is this fellow of like stamp? Consider. Read on. The Depositions Now read all the services which Phormio has rendered to the state. Depositions Phormio, then, men of Athens, who has in so many ways proved himself of service to the state and to many of you, and has never done harm to anyone either in public or in private, and who is guilty of no wrong toward this man Apollodorus, begs and implores and claims your protection, and we, his friends, join in the same plea to you.

> Greek: 56. ἴθι δὴ καὶ τὰς κατʼ Ἀπολλοδώρου τῆς πονηρίας. ΜΑΡΤΥΡΙΑΙ. ἆρʼ οὖν ὅμοιος οὑτοσί; σκοπεῖτε. λέγε. ΜΑΡΤΥΡΙΑΙ. ἀνάγνωθι δὴ καὶ ὅσα δημοσίᾳ χρήσιμος τῇ πόλει γέγονεν οὑτοσί. ΜΑΡΤΥΡΙΑΙ.

[¶24] 57. Of another fact, too, you should be informed. Depositions have been read to you, men of Athens, showing that the defendant has supplied you with funds in excess of the whole amount that he or anybody else possesses; but Phormio has credit with those who know him for so great an amount and for far larger sums, and through this he is of service both to himself and to you.

> Greek: 57. τοσαῦτα τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, Φορμίων χρήσιμος γεγονὼς καὶ τῇ πόλει καὶ πολλοῖς ὑμῶν, καὶ οὐδένʼ οὔτʼ ἰδίᾳ οὔτε δημοσίᾳ κακὸν οὐδὲν εἰργασμένος, οὐδʼ ἀδικῶν Ἀπολλόδωρον τουτονί, δεῖται καὶ ἱκετεύει καὶ ἀξιοῖ σωθῆναι, καὶ ἡμεῖς συνδεόμεθʼ οἱ ἐπιτήδειοι ταῦθʼ ὑμῶν. ἐκεῖνο δʼ ὑμᾶς ἀκοῦσαι δεῖ. τοσαῦτα γάρ, ὦ ἄνδρες Ἀθηναῖοι, χρήμαθʼ ὑμῖν ἀνεγνώσθη προσηυπορηκώς, ὅσʼ οὔθʼ οὗτος οὔτʼ ἄλλος οὐδεὶς κέκτηται. πίστις μέντοι Φορμίωνι παρὰ τοῖς εἰδόσι καὶ τοσούτων καὶ πολλῷ πλειόνων χρημάτων, διʼ ἧς καὶ αὐτὸς αὑτῷ καὶ ὑμῖν χρήσιμός ἐστιν.

[¶25] 58. Do not throw this away, nor suffer this abominable fellow to destroy it; do not establish a shameful precedent, that it is permitted by you that rascals and sycophants should take the property of those who are active in business and who lead well-ordered lives. Far greater advantage accrues to you from this wealth while it remains in the possession of the defendant. For you see for yourselves, and you hear from the witnesses, what a friend he shows himself to be to those in need.

> Greek: 58. ἃ μὴ προῆσθε, μηδʼ ἐπιτρέψητʼ ἀνατρέψαι τῷ μιαρῷ τούτῳ ἀνθρώπῳ, μηδὲ ποιήσητʼ αἰσχρὸν παράδειγμα, ὡς τὰ τῶν ἐργαζομένων καὶ μετρίως ἐθελόντων ζῆν τοῖς βδελυροῖς καὶ συκοφάνταις ὑπάρχει παρʼ ὑμῶν λαβεῖν· πολὺ γὰρ χρησιμώτερʼ ὑμῖν παρὰ τῷδʼ ὄνθʼ ὑπάρχει. ὁρᾶτε γὰρ αὐτοὶ καὶ ἀκούετε τῶν μαρτύρων, οἷον ἑαυτὸν τοῖς δεηθεῖσι παρέχει.

[¶26] 59. And not one of these acts has he done with a view to pecuniary advantage, but from generosity and kindliness of disposition. So it is not right, men of Athens, that you should give up such a man to be the prey of Apollodorus. Do not show Phormio pity at a time when it will be of no profit to him, but now when it is in your power to save him; for I see no time in which one could more fittingly come to his aid than now.

> Greek: 59. καὶ τούτων οὐδὲν εἵνεκα τοῦ λυσιτελοῦντος εἰς χρήματα πεποίηκεν, ἀλλὰ φιλανθρωπίᾳ καὶ τρόπου ἐπιεικείᾳ. οὔκουν ἄξιον, ὦ ἄνδρες Ἀθηναῖοι, τὸν τοιοῦτον ἄνδρα προέσθαι τούτῳ, οὐδὲ τηνικαῦτʼ ἐλεεῖν ὅτʼ οὐδὲν ἔσται τούτῳ πλέον, ἀλλὰ νῦν ὅτε κύριοι καθέστατε σῷσαι· οὐ γὰρ ἔγωγʼ ὁρῶ καιρὸν ἐν τίνι ἂν μᾶλλον βοηθήσειέ τις αὐτῷ.

[¶27] 60. Most of what Apollodorus will say you must regard as mere talk and baseless calumny. Bid him demonstrate to you, either that his father did not make this will, or that there is another lease than the one which we produce; or that he himself after going over the reckoning did not give Phormio a release from all the claims regarding which his father-in-law made the award with the plaintiff’s own concurrence; or that the laws permit one to bring action regarding matters thus decided. Or bid him try to show anything of that sort.

> Greek: 60. τὰ μὲν οὖν πόλλʼ ὧν Ἀπολλόδωρος ἐρεῖ, νομίζετʼ εἶναι λόγον καὶ συκοφαντίας, κελεύετε δʼ αὐτὸν ἐπιδεῖξαι, ἢ ὡς οὐ διέθετο ταῦθʼ ὁ πατήρ, ἢ ὡς ἔστιν τις ἄλλη μίσθωσις πλὴν ἧς ἡμεῖς δείκνυμεν, ἢ ὡς οὐκ ἀφῆκεν αὐτὸν διαλογισάμενος τῶν ἐγκλημάτων ἁπάντων, ἃ ἔγνω ⟨θʼ⟩ ὁ κηδεστὴς ὁ τούτου καὶ οὗτος αὐτὸς συνεχώρησεν, ἢ ὡς διδόασιν οἱ νόμοι δικάζεσθαι τῶν οὕτω πραχθέντων, ἢ τῶν τοιούτων τι δεικνύναι.

[¶28] 61. But if, for want of proofs, he goes on uttering charges and calumnies and abuse, do not heed him, nor let his noisy talk and shamelessness lead you astray. Nay, keep in mind, and remember all that you have heard. If you do this you will be faithful to your oaths, and will save the defendant, as justice bids. By Zeus and all the gods he deserves it.

> Greek: 61. ἐὰν δʼ ἀπορῶν αἰτίας καὶ βλασφημίας λέγῃ καὶ κακολογῇ, μὴ προσέχετε τὸν νοῦν, μηδʼ ὑμᾶς ἡ τούτου κραυγὴ καὶ ἀναίδειʼ ἐξαπατήσῃ, ἀλλὰ φυλάττετε καὶ μέμνησθʼ ὅσʼ ἡμῶν ἀκηκόατε. κἂν ταῦτα ποιῆτε, αὐτοί τʼ εὐορκήσετε καὶ τοῦτον δικαίως σώσετε, ἄξιον ὄντα νὴ τὸν Δία καὶ θεοὺς ἅπαντας.

[¶29] 62. Take, and read them the law and these depositions. The Law. The Depositions I do not know what reason there is why I should say more; for I believe that nothing that I have said has escaped you. Pour out the water.

> Greek: 62. ἀνάγνωθι λαβὼν αὐτοῖς τὸν νόμον καὶ τὰς μαρτυρίας τασδί. ΝΟΜΟΣ. ΜΑΡΤΥΡΙΑΙ. οὐκ οἶδʼ ὅ τι δεῖ πλείω λέγειν. οἶμαι γὰρ ὑμᾶς οὐδὲν ἀγνοεῖν τῶν εἰρημένων. ἐξέρα τὸ ὕδωρ.