For Phormio

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. 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.[*](As a matter of fact Apollodorus had served as trierarch with distinction, and had been most liberal in his expenditures. See Dem. 50.11 ff., and Oration Dem. 45.78.)

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.[*](Contrast with this passage the statements of Apollodorus himself regarding his manner of life in Dem. 45.77.)

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.

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.[*](The order of the words suggests a slight contrast between δόξαι and εἶναι.) 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.

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.

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.

You disgrace yourself and your dead parents, and you cast reproach upon the state, and instead of adorning and cherishing this good fortune[*](That is, of course, the right of citizenship.) 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.

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. 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.[*](The property of Phormio consisted chiefly in the money of the depositors which he had invested in diverse ways. If heavy damages were assessed against him, the depositors would at once demand their money, and such a run on the bank would be ruinous.)

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.

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.

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.

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?[*](Timomachus, Meno, and Autocles (see Dem 50.) were successive commanders of the Athenian fleet in Thracian waters, where Apollodorus served as trierarch. Callippus is all but certainly to be identified with the trierarch of that name, who at the bidding of Timomachus, and after Apollodorus’s own refusal to do so, had transported the exile Callistratus from Macedonia to Thasos. Timotheus was the well-known Athenian general, against whom Apollodorus brought also a private suit to recover funds (Dem. 49).)

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.

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.

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. 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.[*](I follow Sandys in the interpretation of this passage.)

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.

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.

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.