καὶ τῆς εὐθείας ὁ ῥήτωρ, δεικνὺς ὡς οὐκ εἶχεν ἡ τρά πεζα χρήματα ἴδια τοῦ Πασίωνος. τοῦτο δὲ πεποίηκεν, ἵνα ἡ παραγραφὴ μᾶλλον ἰσχύῃ, τῆς εὐθείας δεικνυμένης τῷ ̓Απολλοδώρῳ σαθρᾶς. Τὴν μὲν ἀπειρίαν τοῦ λέγειν, καὶ ὡς ἀδυνάτως ἔχει Φορμίων, αὐτοὶ πάντες ὁρᾶτε, ὦ ἄνδρες ̓Αθη * δεικνυομένης Ζ. 27. τοῦτο δὲ πεποίηκεν κ.τ.λ.] 'He has done (or 'does') this to give greater force to the special plea, by proving that, even on its own merits, the case of the plaintiff is quite untenable.' (σαθρᾶς, thoroughly rotten, unsound.) Cf. ὑπόθεσις of Or. 32, Zenoth. δείκνυσιν ὅτι θαρρεῖ μὲν τῇ εὐθείᾳ, ἐκ περιουσίας δὲ αὐτῷ καὶ παραγραφὴν ὁ νόμος δίδωσιν. §§ 1-3. The defendant Phormio's obvious inexperience and incapacity for public speaking make it necessary for his friends to state his case on his behalf. They confront the plaintiff Apollodorus with a special plea in bar of action, not to waste time and evade the main issue, but to secure a final settlement of the case. Their friend, the defendant, has conferred many kindnesses on the plaintiff; and has further been released from all the legal claims of the latter, only to find himself at last the victim of a vexatious lawsuit. However, a brief recital of the transactions of the litigants will prove that the plaintiff's case is utterly untenable. 1. τὴν ἀπειρίαν τοῦ λέγειν.] Like all slaves at Athens, Phormio (once the slave of the banker Pasion) was of barbarian birth; and though subsequently rewarded with the rights of freedom and citizenship, remained unable to speak good Greek. In a later speech arising out of the present action, Apollodorus, himself the son of one who was once a slave, taunts him with his foreign extraction and his indifferent pronunciation. Or. 45 κατὰ Στεφάνου Α, § 81 βάρβαρος ἐωνήθης and § 30, ἴσως αὐτὸν ὑπειλήφατε, ὅτι σολοικίζει τῇ φωνῇ, βάρβαρον καὶ εὐκαταφρόνητον εἶναι, ἔστι δὲ βάρβαρος οὗτος τῷ μισεῖν οὓς αὐτῷ προσῆκε τιμᾶν, τῷ δὲ κακουργῆσαι καὶ διορύξαι πράγματα οὐδενὸς λείπεται. In $ 77, Apollodorus himself apologizes for his broad brogue or loud voice (λαλεῖν μέγα); the speaker of πρὸς Πανταίνετον makes similar excuses for his διάλεκτος (Οr. 37 §§ 52, 55); and a like tribute to the sensitiveness of an Attic audience is paid by the Mytilenaean in Antiphon's de Caede Herodis (Or. v. § 5) δέομαι ὑμῶν ἐάν τι τῇ γλώσ σῃ ἁμάρτω, συγγνώμην ἔχειν μοι καὶ ἡγεῖσθαι ἀπειρίᾳ αὐτὸ μᾶλλον ἢ ἀδικίᾳ ἡμαρτῆσθαι. ἀδυνάτως ἔχει.] Is quite incapable,' referring mainly to his inexperience and want of facility in speaking. Thus in Antiphon u. s. v. § 2 ἡ τοῦ λέγειν ἀδυναμία is contrasted with ἡ ἐμπειρία τῶν πραγμάτων. ὁρᾶτε.] In a general sense, 'you all of yourselves observe.' Bekker. ναῖοι· ἀνάγκη δ ̓ ἐστὶ τοῖς ἐπιτηδείοις ἡμῖν, ἃ σύνισμεν πολλάκις τούτου διεξιόντος ἀκηκοότες, λέγειν καὶ διδάσκειν ὑμᾶς, ἵν ̓ εἰδότες καὶ μεμαθηκότες ὀρθῶς τὰ δίκαια παρ ̓ ἡμῶν, ἃ ἂν ᾖ δίκαια καὶ εὔορκα, ταῦτα 2 ψηφίσησθε. τὴν μὲν οὖν παραγραφὴν ἐποιησάμεθα τῆς δίκης οὐχ ἵν ̓ ἐκκρούοντες χρόνους ἐμποιῶμεν, ἀλλ ̓ ἵνα τῶν πραγμάτων, ἐὰν ἐπιδείξῃ μηδ' ὁτιοῦν ἀδικοῦνθ ̓ ἑαυτὸν οὑτοσὶ, ἀπαλλαγή τις αὐτῷ γένηται παρ' ὑμῖν κυρία. ὅσα γὰρ παρὰ τοῖς ἄλλοις ἐστὶν ἀνθρώποις ἰσχυρὰ καὶ βέβαια άνευ τοῦ παρ' ὑμῖν ἀγωνίσασθαι, ταῦτα πάντα πεποιηκὼς Φορμίων οὑτοσὶ, καὶ 3 πολλὰ μὲν εὖ πεποιηκὼς Απολλόδωρον τουτονὶ, πάντα δ ̓, ὅσων κύριος τῶν τούτου κατελείφθη, διαλίσας καὶ 6 2. ἵν ̓ ἐκκρούοντες χρόνους ἐμποιωμεν.] • With the evasive object of wasting time,' or (with Kennedy) for the sake of evasion and delay. The phrase χρόνους ἐμποιεῖν occurs in Or. 9 $ 71, 23 § 93. Cf. Οr. 47 § 63, διατρι βὰς ἐμποιῶν......τεχνάζων τοῦ χρόνον ἐγγενέσθαι. For ἐκκρούοντες, cf. Οr. 54 κατὰ Κόνων. § 30, and for the general sense, Thuc. III. 38, χρόνου διατριβὴν ἐμποιεῖν and κατὰ Στεφ. Α, § 4, p. 1102, χρόνου γιγνομένου καὶ τῆς γραφῆς ἐκκρουομένης. Liddell and Scott give a phrase ἐκκρούειν χρόνον, ' to waste time, and, to prove it, inadvertently refer to the last passage and to the words of the text, where χρόνους clearly comes after ἐμποιώμεν. ἀπαλλαγὴ κυρία.] A legal and valid (or final) acquittal from all future actions, πραγμάτων. ἄνευ τοῦ παρ' ὑμῖν ἀγωνίσασ θαι.] • Without standing a trial in your court.' πεποιηκὼς....εὖ πεποιηκώς...... διαλύσας ... παραδοὺς ... ἀφεθεὶς.] Although all these participles refer to Phormio, who is the subject of the first part of the sextence, the principal verb συκοφαντεί refers to Apollodorus. Το obviate the harshness of this anacoluthon it has been proposed (by G. H. Schaefer) to follow one of the MSS., the Augustanus primus, in reading πεποίηκε for πεποιηκώς, and also to strike out καὶ before πολλὰ, and place a full stop at έγκλημάτων. [But we should still expect ὅμως δ', or ἀλλ' ὅμως. Perhaps it is better to regard this as an instance of the nominativus pendens.' P.] (Funkhaenel, quaest. Dem. p. 75 sq.) 3. τούτου.] Αpollodorus. διαλύσας κ. παραδοὺς κ.τ.λ.] 'Having duly paid and delivered up everything--and having thereafter received a discharge from all further claims.' 945 4 Reiske. παραδοὺς δικαίως, καὶ πάντων ἀφεθεὶς μετὰ ταῦτα τῶν ἐγκλημάτων, ὅμως, ὡς ὁρᾶτε, ἐπειδὴ φέρειν τοῦτον οὐχ οἷός τ ̓ ἐστὶ, δίκην ταλάντων εἴκοσι λαχὼν αὐτῷ ταύτην συκοφαντεῖ. ἐξ ἀρχῆς οὖν ἅπαντα τὰ πραχθέντα τούτῳ πρὸς Πασίωνα καὶ ̓Απολλόδωρον ὡς ἂν δύνωμαι διὰ βραχυτάτων εἰπεῖν πειράσομαι, ἐξ ὧν εὖ οἶδ' ὅτι ἥ τε τούτου συκοφαντία φανερὰ γενήσεται, καὶ ὡς οὐκ εἰσαγώγιμος ἡ δίκη γνώσεσθε ἅμα ταῦτ ̓ ἀκούσαντες. ως Πρῶτον μὲν οὖν ὑμῖν ἀναγνώσεται τὰς συνθήκας, ἐπειδὴ φέρειν τοῦτον οὐχ οἷός τ' ἐστὶ.] i. e. since (or, at a time when) Phormio cannot submit any longer to the unconscionable claims of Apollodorus (and therefore declines to make any further concessions), the latter has vexatiously instituted the present action. The subject of the subordinate clause appears to be Phormio. For the sense, compare the language ascribed to Apollodorus in § 33, μίσθωσιν ἤθελεν αὐτῷ φέρειν Φορμίων πολλήν. ἐπεὶ δ ̓ οὐ ποιεῖ ταῦτα, τηνικαῦτα, φησί, δικάζομαι, and especially κατὰ Στεφ. Α, § 5, ἐπειδὴ ποιεῖν τε οὐδὲν ᾤετο δεῖν ὧν τοτε ὡμολόγησε, καὶ τὰ χρήματα ἀποστερεῖν ἐνεχείρησεν ἃ τῆς τραπέζης εἶχεν ἀφορμὴν, δίκην ἠναγκάσθην λαχεῖν.—For δίκην λαχών, cf. Οr. 54 § 1, ἔλαχον δίκην n. συκοφαντεῖ.] Cf. Or. 55 § 1 n. -πραχθέντα τούτῳ, Or. 34 § 36 n. Πασίωνα.] Pasion, originally the slave of Archestratus (§ 48), and accountant to the bankingfirm of Archestratus and Antisthenes, was set free by his masters and succeeded them in their business (§§ 43-48). The Trapeziticus of Isocrates, which belongs to B. c. 394, while Pasion was probably still a μέτοικος, and not yet rewarded with the citizenship of Athens, purports to be a speech written in prosecution of Pasion for defrauding a subject of Satyrus, king of Bosporus. The father of Demosthenes had some money in Pasion's bank (Or. 27 § 11). Pasion, according to his son, Apollodorus, had conferred many benefits on the state, e.g. by presenting five triremes and a thousand shields (Or. 45 § 85), and his credit was good throughout all Greece (Or. 50 § 56). He died in B.c. 370 (Or. 46 § 13). οὐκ εἰσαγώγιμος.] Or. 45 § 5 (of this very trial), παρεγράψατο τὴν δίκην ἣν ἔφευγε Φορμίων οὐκ εἰσαγώγιμον εἶναι. See ὑπόθεσις 1. 23, παραγράφεται, η. §§ 4-11. Statement of the transactions of Phormio with Pasion and Apollodorus. After Phormio had become his own master, but before he had received the rights of Athenian citizenship, Pasion gave him a lease of the Bank and the Shield - Manufactory. Subsequently Pasion became ill and died, leaving a will whereby καθ ̓ 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, καθ ̓ ἃς ἐμίσθωσεν ὁ Πασίων τούτῳ τὴν τράπεζαν καὶ τὸ ἀσπιδοπηγεῖον ἤδη καθ' ἑαυτὸν ὄντι, αὗταί εἰσιν, ὦ ἄνδρες Αθηναῖοι· δεῖ δ' ὑμᾶς ἀκοῦσαι καὶ μαθεῖν ἐκ τίνος τρόπου προσώφειλε Phormio married his former master's widow (Archippe), and became guardian to his younger son (Pasicles). The elder son (Apollodorus) proceeded to appropriate to his private use large sums out of the common estate, and the guardians accordingly deemed it prudent on behalf of their ward to determine on a partition of all the effects except the Bank and Shield-Manufactory, leased to the defendant, who was one of the guardians. The defendant paid a moiety of the rent of that property to the elder son, Apollodorus, who when Pasicles came of age discharged the defendant from his liability under the lease and from all further claims. The said property was thereupon divided between the two brothers, the elder exercising his option in favour of the Shield-Manufactory, as the safer though less remunerative business, and leaving the Bank, with its higher but more hazardous revenue, to his younger brother. 4. συνθήκας.] The terms are given in Or. 45, § 32, μίσθωσιν φέρειν τοῦτον ἄνευ τῆς καθ' ἡμέραν διοικήσεως δύο τάλαντα καὶ τετταράκοντα μνᾶς τοῦ ἐνιαυτοῦ ἑκάστου...προσγέγραπται δὲ τελευταῖον ὀφείλει δὲ Πασίων ἕνδεκα τάλαντα εἰς τὰς παρακατα θήκας. ἀσπιδοπηγεῖον.] Or. 45 § 85, ὁ ἐμὸς ὑμῖν πατὴρ (Pasion) χιλίας ἔδωκεν ἀσπίδας. τὴν πρόκλησιν.] Probably a challenge to Apollodorus for the production of the articles of agreement between Pasion and Phormio. On the term in general, see Or. 54 § 27, προς καλοῦνται, n. and infr. § 7 n. ἤδη καθ' ἑαυτὸν.] His own master,' no longer subject, as a slave, to the control of another, though still a μέτοικος. [Below, § 6, it is said that Phormio saw a difficulty in getting in money due to the bank, if he did not possess the citizenship. He saw this when he was thinking of hiring (μισθούμενος) the bank of which Pasion is here said to have given him a lease. Hence there seems a difficulty in rendering ἤδη καθ' ἑαυτὸν ὄντι, “when he was now his own master.' May it not mean, 'While he, Phormio, was at the time in his (Pasion's) service'? P.] προσώφειλε κ.τ.λ.] The defendant has to explain how it comes to pass that Pasion is entered in the articles of agreement as owing eleven talents to the bank. He shows that 5 τὰ ἕνδεκα τάλαντα ὁ Πασίων ἐπὶ τὴν τράπεζαν. οὐ γὰρ δι ̓ ἀπορίαν ταῦτ ̓ 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 this sum had been lent by Pasion on the security of certain lands and houses on which Pasion as the creditor, being an Athenian citizen, would have a claim, in the event of the loan not being refunded or the interest regularly paid. As Phormio the lessee of the banking business had not yet acquired the rights of citizenship, it was therefore arranged that Pasion should not transfer these securities to Phormio but keep them in his own hands, and credit Phormio with their value in other words, enter himself in the articles of agreement as debtor to the bank to the amount of eleven talents. For προσώφειλε, the compound verb followed by the simple ὤφειλε where the repetition of the preposition is not necessary, cf. Cic. Catil. Iv. 1, perferrem...feram. 5. ἀπορίαν...φιλεργίαν.] Not 'want' but thrift,' or (with Kennedy) 'Not on account of poverty, but on account of his industry in business.' In Or. 45 § 33 Apollodorus insinuates that the debt arose from Phormio's mismanagement. ἔγγειος οὐσία.] ‘Property in land,' 'real property,' also called φανερὰ οὐσία. Harpocr. ἀφανὴς οὐσία καὶ φανερὰ· ἀφανὴς μὲν ἡ ἐν χρήμασι καὶ σώμασι καὶ σκεύεσι, φανερὰ δὲ ἡ ἔγγειος. ἀργύριον πρὸς ταύτῃ.] In addition to this he had money of his own (personal property) lent out on interest to the amount of more than fifty talents. The larger amount so employed shows that he was a usurer by practice or profession. P.] 6 ἐν οὖν τοῖς πεντήκοντα...ἕνδεκα.] We have just been told that Pasion had more than 50 talents of his own money (ἀργύριον ἴδιον) lent out at interest, and we now find that ἐν τοῖς πεντήκοντα ταλávтols there were 11 talents from the bank-deposits, profitably invested. The latter could hardly be called ἴδιον ἀργύριον, unless the words are used loosely in the general sense of 'personal property' as opposed to ἔγγειος οὐσία or real property. But we should perhaps strike out Sov and attribute its insertion to an accidental repetition of πλέον, as ΙΔΙΟΝ and IAEON are not very unlike one another. Or again, keeping do we might alter ev οὖν into ἐπ ̓ οὖν in addition to, 'over and above' the 50 talents. Heraldus proposed σùv ovv, and G. H. Schaefer unsuccessfully attempts to show that ev may mean besides,' by quoting the quasi-adverbial use of è dè in Soph. Ai. 675, O. C. 55, and O.T. 27. [In the sense of 'in addition to' he should rather have said πpòs than eri. Perhaps év means 'mixed up with,' i. e. out at loan to the same borrowers as his own money was. A man may borrow of me, as a banker, privately |
