by Demosthenes
[57] 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.
[58] ἃ μὴ προῆσθε, μηδ᾽ ἐπιτρέψητ᾽ ἀνατρέψαι τῷ μιαρῷ τούτῳ ἀνθρώπῳ, μηδὲ ποιήσητ᾽ αἰσχρὸν παράδειγμα, ὡς τὰ τῶν ἐργαζομένων καὶ μετρίως ἐθελόντων ζῆν τοῖς βδελυροῖς καὶ συκοφάνταις ὑπάρχει παρ᾽ ὑμῶν λαβεῖν: πολὺ γὰρ χρησιμώτερ᾽ ὑμῖν παρὰ τῷδ᾽ ὄνθ᾽ ὑπάρχει. ὁρᾶτε γὰρ αὐτοὶ καὶ ἀκούετε τῶν μαρτύρων, οἷον ἑαυτὸν τοῖς δεηθεῖσι παρέχει.
[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.
[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 τηνικαῦτ᾽ ἐλεεῖν ὅτ᾽ οὐδὲν ἔσται τούτῳ πλέον, ἀλλὰ νῦν ὅτε κύριοι καθέστατε σῷσαι: οὐ γὰρ ἔγωγ᾽ ὁρῶ καιρὸν ἐν τίνι ἂν μᾶλλον βοηθήσειέ τις αὐτῷ.
[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.
[60] τὰ μὲν οὖν πόλλ᾽ ὧν Ἀπολλόδωρος ἐρεῖ, νομίζετ᾽ εἶναι λόγον καὶ συκοφαντίας, κελεύετε δ᾽ αὐτὸν ἐπιδεῖξαι, ἢ ὡς οὐ διέθετο ταῦθ᾽ ὁ πατήρ, ἢ ὡς ἔστιν τις ἄλλη μίσθωσις πλὴν ἧς ἡμεῖς δείκνυμεν, ἢ ὡς οὐκ ἀφῆκεν αὐτὸν διαλογισάμενος τῶν ἐγκλημάτων ἁπάντων, ἃ ἔγνω θ᾽ ὁ κηδεστὴς ὁ τούτου καὶ οὗτος αὐτὸς συνεχώρησεν, ἢ ὡς διδόασιν οἱ νόμοι δικάζεσθαι τῶν οὕτω πραχθέντων, ἢ τῶν τοιούτων τι δεικνύναι.
[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.
[61] ἐὰν δ᾽ ἀπορῶν αἰτίας καὶ βλασφημίας λέγῃ καὶ κακολογῇ, μὴ προσέχετε τὸν νοῦν, μηδ᾽ ὑμᾶς ἡ τούτου κραυγὴ καὶ ἀναίδει᾽ ἐξαπατήσῃ, ἀλλὰ φυλάττετε καὶ μέμνησθ᾽ ὅσ᾽ ἡμῶν ἀκηκόατε. κἂν ταῦτα ποιῆτε, αὐτοί τ᾽ εὐορκήσετε καὶ τοῦτον δικαίως σώσετε, ἄξιον ὄντα νὴ τὸν Δία καὶ θεοὺς ἅπαντας.
[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.
[62] ἀνάγνωθι λαβὼν αὐτοῖς τὸν νόμον καὶ τὰς μαρτυρίας τασδί.”Νόμος”“Μαρτυρίαι”
οὐκ οἶδ᾽ ὅ τι δεῖ πλείω λέγειν. οἶμαι γὰρ ὑμᾶς οὐδὲν ἀγνοεῖν τῶν εἰρημένων. ἐξέρα τὸ ὕδωρ.
[62] Take, and read them the law and these depositions.” Law ““ 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.
Παραγραφὴ πρὸς Πανταίνετον — AGAINST PANTAENETUS
[1] δεδωκότων, ὦ ἄνδρες δικασταί, τῶν νόμων παραγράψασθαι περὶ ὧν ἄν τις ἀφεὶς καὶ ἀπαλλάξας δικάζηται, γεγενημένων ἀμφοτέρων μοι τούτων πρὸς Πανταίνετον τουτονί, παρεγραψάμην, ὡς ἠκούσατ᾽ ἀρτίως, μὴ εἰσαγώγιμον εἶναι τὴν δίκην, οὐκ οἰόμενος δεῖν ἀφεῖσθαι τοῦ δικαίου τούτου, οὐδ᾽, ἐπειδὰν ἐξελέγξω πρὸς ἅπασι τοῖς ἄλλοις καὶ ἀφεικότα τοῦτον ἐμαυτὸν καὶ ἀπηλλαγμένον, ἐγγενέσθαι τούτῳ μὴ φάσκειν ἀληθῆ με λέγειν, καὶ ποιεῖσθαι τεκμήριον ὡς, εἴπερ ἐπράχθη τι τοιοῦτον, παρεγραψάμην ἂν αὐτόν, ἀλλ᾽ ἐπὶ ταύτης τῆς σκήψεως εἰσελθὼν ἀμφότερ᾽ ὑμῖν ἐπιδεῖξαι, καὶ ὡς οὐδὲν ἠδίκηκα τοῦτον καὶ ὡς παρὰ τὸν νόμον μοι δικάζεται.
[1] Inasmuch as the laws, men of the jury, have granted that a special plea be entered in cases where a man, after having given a release and discharge, nevertheless brings suit, and as both of these have been given me by Pantaenetus here, I have pleaded, as you have just now heard, that his suit is not admissible. I did not think that I should forgo this right, or that, after I had proved among other things that the plaintiff had released me, and that I had got rid of him, it should be open to him to declare that I was uttering a falsehood and to try to employ the argument that, if any such release had been granted me, I should have put in a special plea to bar his suit. No, I determined to come before you relying on this plea and to prove both points — that I have never done the plaintiff any wrong, and that he is suing me contrary to law.
[2] εἰ μὲν οὖν ἐπεπόνθει τι τούτων Πανταίνετος ὧν νῦν ἐγκαλεῖ, κατ᾽ ἐκείνους ἂν τοὺς χρόνους εὐθὺς ἐφαίνετό μοι δικαζόμενος, ἐν οἷς τὸ συμβόλαιον ἡμῖν πρὸς ἀλλήλους ἐγένετο, οὐσῶν μὲν ἐμμήνων τούτων τῶν δικῶν, ἐπιδημούντων δ᾽ ἡμῶν ἀμφοτέρων, ἁπάντων δ᾽ ἀνθρώπων εἰωθότων παρ᾽ αὐτὰ τἀδικήματα μᾶλλον ἢ χρόνων ἐγγεγενημένων ἀγανακτεῖν. ἐπειδὴ δ᾽ οὐδὲν ἠδικημένος, ὡς καὶ ὑμεῖς οἶδ᾽ ὅτι φήσετε, ἐπειδὰν τὰ πεπραγμέ�
�᾽ ἀκούσητε, τῷ κατορθῶσαι τὴν πρὸς Εὔεργον δίκην ἐπηρμένος συκοφαντεῖ, ὑπόλοιπόν ἐστι παρ᾽ ὑμῖν, ὦ ἄνδρες δικασταί, ἐπιδείξανθ᾽ ὡς οὐδ᾽ ὁτιοῦν ἀδικῶ, καὶ μάρτυρας ὧν ἂν λέγω παρασχόμενον, πειρᾶσθαι σῴζειν ἐμαυτόν.
[2] If Pantaenetus had suffered any of the wrongs with which he now charges me, he would be found to have brought suit against me at the time when the contract between us was made, for these actions must be decided within the month, and both Evergus and I were in town; since all men are wont to be most indignant at the very time of their wrongs, and not after a period has intervened. Since, however, the plaintiff, though he has suffered no wrong, as I know well you will yourselves agree when you have heard the facts, elated by the success of his suit against Evergus, brings a malicious and baseless action, there is no other course left me, men of the jury, than to prove in your court that I am guilty of no wrong whatever, to produce witnesses in support of what I say, and to endeavor to save myself.
[3] δεήσομαι δὲ καὶ μέτρια καὶ δίκαι᾽ ὑμῶν ἁπάντων, ἀκοῦσαί τέ μου περὶ ὧν παρεγραψάμην εὐνοϊκῶς, καὶ προσέχειν ὅλῳ τῷ πράγματι τὸν νοῦν: πολλῶν γὰρ δικῶν ἐν τῇ πόλει γεγενημένων, οὐδένα πω δίκην οὔτ᾽ ἀναιδεστέραν οὔτε συκοφαντικωτέραν οἴομαι φανήσεσθαι δεδικασμένον ἧς νῦν οὑτοσὶ λαχὼν εἰσελθεῖν τετόλμηκεν. ἐξ ἀρχῆς δ᾽, ὡς ἂν οἷός τ᾽ ὦ διὰ βραχυτάτων, ἅπαντα τὰ πραχθέντα διηγήσομαι πρὸς ὑμᾶς.
[3] I shall make a reasonable and fair request of you all, that you hear with goodwill what I have to say regarding my special plea, and that you give your attention to every aspect of the case. For, while hosts of cases have been tried in Athens, I think it will be shown that no man has ever brought before you one so marked by shamelessness and malice as this, which this fellow has had the audacity to bring into your court. I shall with all possible brevity set before you all the facts of the case.
[4] ἐδανείσαμεν πέντε καὶ ἑκατὸν μνᾶς ἐγὼ καὶ Εὔεργος, ὦ ἄνδρες δικασταί, Πανταινέτῳ τουτῳί, ἐπ᾽ ἐργαστηρίῳ τ᾽ ἐν τοῖς ἔργοις ἐν Μαρωνείᾳ καὶ τριάκοντ᾽ ἀνδραπόδοις. ἦν δὲ τοῦ δανείσματος τετταράκοντα μὲν καὶ πέντε μναῖ ἐμαί, τάλαντον δ᾽ Εὐέργου. συνέβαινε δὲ τοῦτον ὀφείλειν Μνησικλεῖ μὲν Κολλυτεῖ τάλαντον, Φιλέᾳ δ᾽ Ἐλευσινίῳ καὶ Πλείστορι πέντε καὶ τετταράκοντα μνᾶς.
[4] Evergus and I, men of the jury, lent to this man Pantaenetus one hundred and five minae on the security of a mining property in Maroneia and of thirty slaves. Of this loan forty-five minae belonged to me, and a talent to Evergus. It happened that the plaintiff also owed a talent to Mnesicles of Collytus and forty-five minae to Phileas of Eleusis and Pleistor.
[5] πρατὴρ μὲν δὴ τοῦ ἐργαστηρίου καὶ τῶν ἀνδραπόδων ὁ Μνησικλῆς ἡμῖν γίγνεται （καὶ γὰρ ἐώνητ᾽ ἐκεῖνος αὐτὰ τούτῳ παρὰ Τηλεμάχου τοῦ πρότερον κεκτημένου）: μισθοῦται δ᾽ οὗτος παρ᾽ ἡμῶν τοῦ γιγνομένου τόκου τῷ ἀργυρίῳ, πέντε καὶ ἑκατὸν δραχμῶν τοῦ μηνὸς ἑκάστου. καὶ τιθέμεθα συνθήκας, ἐν αἷς ἥ τε μίσθωσις ἦν γεγραμμένη καὶ λύσις τούτῳ παρ᾽ ἡμῶν ἔν τινι ῥητῷ χρόνῳ.
[5] The vendor to us of the mining property and the slaves was Mnesicles, for he had purchased them for the plaintiff from Telemachus, the former owner; and the plaintiff leased them from us at a rent equal to the interest accruing on the money, a hundred and five drachmae a month. We drew up an agreement in which the terms of the lease were stated, and the right was given the plaintiff of redeeming these things from us within a given time.
[6] πραχθέντων δὲ τούτων ἐλαφηβολιῶνος μηνὸς ἐπὶ Θεοφίλου ἄρχοντος, ἐγὼ μὲν ἐκπλέων εἰς τὸν Πόντον εὐθὺς ᾠχόμην, οὗτος δ᾽ ἐνθάδ᾽ ἦν καὶ Εὔεργος. τὰ μὲν δὴ πραχθέντα τούτοις πρὸς αὑτούς, ἕως ἀπεδήμουν ἐγώ, οὐκ ἂν ἔχοιμ᾽ εἰπεῖν. οὔτε γὰρ ταὐτὰ λέγουσιν οὔτ᾽ ἀεὶ ταὔθ᾽ οὗτός γε, ἀλλὰ τοτὲ μὲν ἐκπεσεῖν ὑπ᾽ ἐκείνου βίᾳ παρὰ τὰς συνθήκας ἐκ τῆς μισθώσεως, τοτὲ δ᾽ αὐτὸν αἴτιον αὑτῷ πρὸς τὸ δημόσιον γενέσθαι τῆς ἐγγραφῆς, τοτὲ δ᾽ ἄλλ᾽ ὅ τι ἂν βούληται.
[6] When these transactions had been completed in the month of Elaphebolion in the archonship of Theophilus, I at once sailed away for Pontus, but the plaintiff and Evergus remained here. What transactions they had with one another while I was away, I cannot state, for they do not tell the same story, nor is the plaintiff always consistent with himself; sometimes he says that he was forcibly ousted from his leasehold by Evergus in violation of the agreement; sometimes that Evergus was the cause of his being inscribed as a debtor to the state; sometimes anything else that he chooses to say.
[7] ἐκεῖνος δ᾽ ἁπλῶς οὔτε τοὺς τόκους ἀπολαμβάνων οὔτε τῶν ἄλλων τῶν ἐν ταῖς συνθήκαις ποιοῦντος οὐδὲν τούτου, ἐλθὼν παρ᾽ ἑκόντος τούτου λαβὼν ἔχειν τὰ ἑαυτοῦ: μετὰ δὲ ταῦτ᾽ ἀπελθόντα τοῦτον ἥκειν τοὺς ἀμφισβητήσοντας ἄγοντα, αὐτὸς δ᾽ οὐχ ὑπεξελθεῖν ἐκείνοις, τοῦτον δ᾽ οὐχὶ κωλύειν ἔχειν ὅσαπερ ἐμισθώσατο, εἰ ποιοίη τὰ συγκείμενα.
[7] But Evergus tells a plain and consistent story, that since he was not receiving his interest, and the plaintiff was not performing any of the other things stipulated in the agreement, he went and took from the plaintiff, with the latter’s consent, what was his own, and kept it; that after this the plaintiff went away, but came back bringing men to make claim to the property; that he on his own part did not give way in their favour, but made no objection to the plaintiff’s holding that for which he had given a lease, provided he should observe the terms of the agreement. From these men, then, I hear stories of this sort.
[8] τούτων μὲν δὴ τοιούτους ἀκούω λόγους. ἐκεῖνο δ᾽ οἶδ᾽ ὅτι, εἰ μὲν οὗτος ἀληθῆ λέγει καὶ δεινὰ πέπονθεν, ὥσπερ φησίν, ὑπὸ τοῦ Εὐέργου, ἔχει δίκην ἧς ἐτιμήσατ᾽ αὐτός: εἷλεν γὰρ εἰσελθὼν αὐτὸν ὡς ὑμᾶς, καὶ οὐ δήπου τῶν αὐτῶν παρά τε τοῦ πεποιηκότος δίκαιός ἐστιν δίκην λαβεῖν καὶ παρ᾽ ἐμοῦ τοῦ μηδ᾽ ἐπιδημοῦντος: εἰ δ᾽ ὁ Εὔεργος ἀληθῆ λέγει, σεσυκοφάντηται μὲν ὡς ἔοικεν ἐκεῖνος, ἐγὼ δ᾽ οὐδ᾽ οὕτως τῶν αὐτῶν φεύγοιμ᾽ ἂν δίκην εἰκότως. ὡς οὖν ταῦτα πρῶτον ἀληθῆ λέγω, τούτων τοὺς μάρτυρας ὑμῖν παρέξομαι.”Μάρτυρες”
[8] This, however, I know well, that, if the plaintiff speaks the truth, and has been outrageously treated, as he says, by Evergus, he has had satisfaction to the amount at which he himself assessed his da
mages; for he came into your court and won his suit against him; and surely he has no right to obtain damages for the same wrongs both from the one who committed them and from me, who was not even in Athens. But, if it is Evergus who speaks the truth, he has been made the object, it appears, of a baseless and malicious charge; but even so there is no ground for my being sued on the same charge.
To prove, in the first place, that I am speaking the truth in this, I shall bring before you the witnesses to establish these facts.” Witnesses”
[9] ὅτι μὲν τοίνυν καὶ πρατὴρ ἦν ἡμῖν τῶν κτημάτων ὅσπερ ἐξ ἀρχῆς αὐτὸς ἐώνητο, καὶ κατὰ τὰς συνθήκας οὗτος ἐμισθώσαθ᾽ ἡμέτερον ὂν τὸ ἐργαστήριον καὶ τἀνδράποδα, καὶ οὔτε παρῆν ἐγὼ τοῖς μετὰ ταῦτα πρὸς Εὔεργον τούτῳ πραχθεῖσιν οὔτ᾽ ἐπεδήμουν ὅλως, ἔλαχέν τε δίκην ἐκείνῳ καὶ οὐδὲν πώποθ᾽ ἡμῖν ἐνεκάλει, ἀκούετε τῶν μαρτύρων, ὦ ἄνδρες δικασταί.
[9] That, therefore, the man who sold us the property was the man who had been the original purchaser; that under the agreement the plaintiff rented the mining establishment and the slaves, recognizing them as belonging to us; that I was not present at the transactions which subsequently took place between the plaintiff and Evergus, and indeed was not even in Athens; that he brought suit against Evergus, and never made any charge against me, — all this, men of the jury, you hear from the witnesses.