§1τὴν 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.
You all see for yourselves, men of Athens, Phormio's inexperience in speaking, and how utterly incapable he is; and it is necessary for us, his friends, who are well-acquainted with the facts from having often heard him relate them, to speak and instruct you, so that, having correctly learned and understood the justice of the case from us, you may vote for what is just and in accordance with your oath.
§2τὴν 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.
Now, we have entered this special plea (paragraphe) against the suit, not for the purpose of causing delay and wasting time, but in order that, if this man here can show that he has done no wrong whatsoever, he may obtain from you a final release from these troubles.
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.
For everything that among other men is valid and binding without a trial before you, this Phormio has done, and he has also done many favors for Apollodorus here.
§3πάντα 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.
And although he has justly settled and delivered up all the property of this man over which he was left in charge, and has since been released from all claims, nevertheless, as you see, since Apollodorus cannot bear Phormio’s prosperity, he has brought this suit for twenty talents against him and is harassing him with false accusations.
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.
I will therefore endeavor to relate from the beginning, as briefly as I can, all the transactions between Phormio, Pasion, and Apollodorus, from which I am well assured that Apollodorus's malicious accusation will become manifest, and at the same time, by hearing this, you will recognize that the suit is not admissible.
§4πρῶτον μὲν οὖν ὑμῖν ἀναγνώσεται τὰς συνθήκας, καθʼ ἃς ἐμίσθωσε Πασίων τὴν τράπεζαν τούτῳ καὶ τὸ ἀσπιδοπηγεῖον.
First, then, he shall read to you the agreement under which Pasion leased the bank and the shield-manufactory to Phormio.
καί μοι λαβὲ τὰς συνθήκας καὶ τὴν πρόκλησιν καὶ τὰς μαρτυρίας ταυτασί.
Please take the agreement, the challenge, and these depositions. [AGREEMENT.
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.
CHALLENGE. DEPOSITIONS.] These, then, men of Athens, are the agreements under which Pasion leased the bank and the shield-manufactory to Phormio, when the latter was already business on his own account; but you must hear and understand how it came about that Pasion owed an additional eleven talents to the bank.
§5οὐ γὰρ διʼ ἀπορίαν ταῦτʼ ὤφειλεν, ἀλλὰ διὰ φιλεργίαν.
For it was not through lack of means that he owed this sum, but through his business activity.
ἡ μὲν γὰρ ἔγγειος ἦν οὐσία Πασίωνι μάλιστα ταλάντων εἴκοσιν, ἀργύριον δὲ πρὸς ταύτῃ δεδανεισμένον πλέον ἢ πεντήκοντα τάλαντα.
Pasion’s real estate indeed was worth at most twenty talents, but in addition to this, he had more than fifty talents lent out.
ἐν τοῖς πεντήκοντα ταλάντοις τούτοις ἀπὸ τῶν παρακαταθηκῶν τῶν τῆς τραπέζης ἕνδεκα τάλαντʼ ἐνεργὰ ἦν.
Among these fifty talents, eleven talents, derived from the deposits of the bank, were actively invested.
§6μισθούμενος οὖν ὅδε τὴν ἐργασίαν αὐτὴν τῆς τραπέζης καὶ τὰς παρακαταθήκας, 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.
Therefore, when this man leased the business of the bank itself and the deposits, seeing that, as he did not yet possess your citizenship, he would not be able to recover the loans which Pasion had made on land and lodging-houses, he preferred to have Pasion himself as his debtor for these sums rather than the other debtors to whom they had been advanced.
καὶ οὕτω διὰ ταῦτʼ ἐγράφη εἰς τὴν μίσθωσιν προσοφείλων ὁ Πασίων ἕνδεκα τάλαντα, ὥσπερ καὶ μεμαρτύρηται ὑμῖν.
And for this reason, it was written in the lease that Pasion owed an additional eleven talents, as has indeed been testified to you.
§7ὃν μὲν τοίνυν τρόπον ἡ μίσθωσις ἐγένετο, μεμαρτύρηται ὑμῖν ὑπʼ αὐτοῦ τοῦ ἐπικαθημένου· ἐπιγενομένης δʼ ἀρρωστίας τῷ Πασίωνι μετὰ ταῦτα, σκέψασθʼ ἃ διέθετο.
Now, the manner in which the lease was made has been testified to you by the manager himself; but observe what disposition Pasion made when he afterwards fell ill.
λαβὲ τῆς διαθήκης τὸ ἀντίγραφον καὶ τὴν πρόκλησιν ταυτηνὶ καὶ τὰς μαρτυρίας ταυτασί.
Take the copy of the will, this challenge, and these depositions. [WILL.
ΔΙΑΘΗΚΗ. ΠΡΟΚΛΗΣΙΣ. ΜΑΡΤΥΡΙΑΙ. §8ἐπειδὴ τοίνυν ὁ Πασίων ἐτετελευτήκει ταῦτα διαθέμενος, Φορμίων οὑτοσὶ τὴν μὲν γυναῖκα λαμβάνει κατὰ τὴν διαθήκην, τὸν δὲ παῖδʼ ἐπετρόπευεν.
CHALLENGE. DEPOSITIONS.] When, therefore, Pasion died after making this will, Phormio here married his wife according to the will, and became guardian of his child.
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.
But as Apollodorus here was grasping at everything and thought fit to spend large sums out of the common property, the other guardians, calculating among themselves that if, according to the terms of the will, they had to deduct whatever this man spent from the common funds and then divide the remainder in equal shares, nothing at all would be left, resolved for the sake of the child to divide the existing property.