Delphi Complete Works of Demosthenes, page 496
[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.
[31] πρὸς μὲν οὖν τὰ συμφέροντ᾽ 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 τιν᾽ ἡγεῖ τὸν πατέρα τὸν σεαυτοῦ εἶναι, χρηστὸν εὖ οἶδ᾽ ὅτι φήσειας ἄν. πότερον οὖν οἴει μᾶλλον ἐοικέναι τὸν τρόπον καὶ πάντα τὸν βίον Πασίωνι σαυτὸν ἢ τουτονί; ἐγὼ μὲν εὖ οἶδ᾽ ὅτι τοῦτον. εἶθ᾽ ὅς ἐστιν ὁμοιότερος σοῦ τῷ σῷ πατρί, τοῦτον, εἰ τὴν μητέρα τὴν σὴν ἔγημεν, ἀναίνει;
[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?
[32] ἀλλὰ μὴν ὅτι γε δόντος καὶ ἐπισκήψαντος τοῦ σοῦ πατρὸς ταῦτ᾽ 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, τόθ᾽ 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 ταῦτ᾽ ἀληθῆ λέγω, μεμαρτύρηται τὸ τέταρτον μέρος λαβεῖν καὶ ἀφεῖναι τῶν ἐγκλημάτων ἁπάντων.
[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.
[33] κατ᾽ οὐδὲν τοίνυν, ὦ ἄνδρες Ἀθηναῖοι, δίκαιον οὐδὲν ἔχων εἰπεῖν, ἀναιδεστάτους λόγους ἐτόλμα λέγειν πρὸς τῷ διαιτητῇ, περὶ ὧν προακηκοέναι βέλτιόν ἐσθ᾽ ὑμᾶς, ἕνα μὲν τὸ παράπαν μὴ γενέσθαι διαθήκην, ἀλλ᾽ εἶναι τοῦτο πλάσμα καὶ σκευώρημ᾽ ὅλον, ἕτερον δ᾽ ἕνεκα τούτου πάντα ταῦτα συγχωρεῖν τὸν πρὸ τοῦ χρόνον καὶ οὐχὶ δικάζεσθαι, ὅτι μίσθωσιν ἤθελεν αὐτῷ φέρειν Φορμίων πολλὴν καὶ ὑπισχνεῖτ᾽ οἴσειν: ἐπειδὴ δ᾽ οὐ ποιεῖ ταῦτα, τηνικαῦτα, φησίν, δικάζομαι.
[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.
[34] ὅτι δὲ ταῦτ᾽ ἀμφότερ᾽, ἐὰν λέγῃ, ψεύσεται καὶ τοῖς ὑφ᾽ ἑαυτοῦ πεπραγμένοις ἐναντί᾽ ἐρεῖ, σκοπεῖτ᾽ ἐκ τωνδί. ὅταν μὲν τοίνυν τὴν διαθήκην ἀρνῆται, ἐκ τίνος τρόπου πρεσβεῖα λαβὼν τὴν συνοικίαν κατὰ τὴν διαθήκην ἔχει, τοῦτ᾽ ἐρωτᾶτ᾽ αὐτόν. οὐ γὰρ ἐκεῖνό γ᾽ ἐρεῖ, ὡς ἃ μὲν πλεονεκτεῖν τόνδ᾽ ἔγραψεν ὁ πατήρ, κύρι᾽ ἐστὶν τῆς διαθήκης, τὰ δ᾽ ἄλλ᾽ ἄκυρα.
[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.
[35] ὅταν δ᾽ ὑπὸ τῶν τοῦδ᾽ ὑποσχέσεων ὑπάγεσθαι φῇ, μέμνησθ᾽ ὅτι μάρτυρας ὑμῖν παρεσχήμεθα, οἳ χρόνον πολὺν τοῦδ᾽ ἀπηλλαγμένου μισθωταὶ τούτοις ἐγίγνοντο τῆς τραπέζης καὶ τοῦ ἀσπιδοπηγείου. καίτοι τόθ᾽, ὁπηνίκ᾽ ἐμίσθωσεν ἐκείνοις, τῷδ᾽ ἐγκαλεῖν παραχρῆμ᾽ ἐχρῆν, εἴπερ ἀληθῆ ἦν ὑπὲρ ὧν τότ᾽ ἀφεὶς νῦν τούτῳ δικάζεται. ὡς τοίνυν ἀληθῆ λέγω, καὶ πρεσβεῖά τε τὴν συνοικίαν ἔλαβεν κατὰ τὴν διαθήκην, καὶ τῷδ᾽ οὐχ ὅπως ἐγκαλεῖν ᾤετο δεῖν, ἀλλ᾽ ἐπῄνει, λαβὲ τὴν μαρτυρίαν.”Μαρτυρία”
[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.” Deposition”
[36] ἵνα τοίνυν εἰδῆτ᾽, ὦ ἄνδρες Ἀθηναῖοι, ὅσα χρήματ᾽ ἔχων ἐκ τῶν μισθώσεων καὶ ἐκ τῶν χρεῶν ὡς ἀπορῶν καὶ πάντ᾽ ἀπολωλεκὼς ὀδυρεῖται, βραχέ᾽ ἡμῶν ἀκούσατε. οὗτος γὰρ ἐκ μὲν τῶν χρεῶν ὁμοῦ τάλαντ᾽ εἴκοσιν εἰσπέπρακται ἐκ τῶν γραμμάτων ὧν ὁ πατὴρ κατέλιπεν, καὶ τούτων ἔχει πλέον ἢ τὰ ἡμίσεα （πολλῶν γὰρ τὰ μέρη τὸν ἀδελφὸν ἀποστερεῖ）:
[36] 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. 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.
[37] ἐκ δὲ τῶν μισθώσεων, ὀκτὼ μὲν ἐτῶν ἃ Φορμίων εἶχε τὴν τράπεζαν, ὀγδοήκοντα μνᾶς τοῦ ἐνιαυτοῦ ἑκάστου, τὸ ἥμισυ τῆς ὅλης μισθώσεως: καὶ ταῦτ᾽ 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.
[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.
[38] χωρὶς δὲ τούτων, ἐτῶν ἴσως εἴκοσι τῆς ἐξ ἀρχῆς νεμηθείσης οὐσίας, ἧς αὐτὸς ἐπεμελεῖτο, τὰς προσόδους, πλέον ἢ μνᾶς τριάκοντα. ἐὰν δ᾽ ἅπαντα συνθῆτε, ὅσ᾽ ἐνείματο, ὅσ᾽ εἰσεπράξατο, ὅσ᾽ εἴληφε μίσθωσιν, πλέον ἢ τετταράκοντα τάλαντ᾽ εἰληφὼς φανήσεται, χωρὶς ὧν οὗτος εὖ πεποίηκεν, καὶ τῶν μητρῴων, καὶ ὧν ἀπὸ τῆς τραπέζης ἔχων οὐκ ἀποδίδωσι πένθ᾽ ἡμιταλάντων καὶ ἑξακοσίων δραχμῶν.
[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.
[39] ἀλλὰ νὴ Δία ταῦθ᾽ ἡ πόλις εἴληφεν, καὶ δεινὰ πέπονθας πολλὰ καταλελῃτουργηκώς. ἀλλ᾽ ἃ μὲν ἐκ κοινῶν ἐλῃτούργεις τῶν χρημάτων, σὺ καὶ ἁδελφὸς ἀνηλώσατε: ἃ δ᾽ ὕστερον, οὐκ ἔστιν ἄξια μὴ ὅτι δυοῖν ταλάντοιν προσόδου, ἀλλ᾽ οὐδ᾽ εἴκοσι μνῶν. μηδὲν οὖν τὴν πόλιν αἰτιῶ, μηδ᾽ ἃ σὺ τῶν ὄντων αἰσχρῶς καὶ κακῶς ἀνήλωκας, ὡς ἡ πόλις εἴληφεν, λέγε.
[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.
[40] ἵνα δ᾽ εἰδῆτ᾽, ὦ ἄνδρες Ἀθηναῖοι, τό τε πλῆθος τῶν χρημάτων ὧν εἴληφε, καὶ τὰς λῃτουργίας ἃς λελῃτούργηκεν, ἀναγνώσεται ὑμῖν καθ᾽ ἓν ἕκαστον. λαβέ μοι τὸ βιβλίον τουτὶ καὶ τὴν πρόκλησιν ταυτηνὶ καὶ τὰς μαρτυρίας ταυτασί.”Βιβλίον”“Πρόκλησις”“Μαρτυρίαι”
[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.” List ““ Challenge ““ Depositions”
[41] τοσαῦτα μὲν τοίνυν χρήματ᾽ εἰληφὼς καὶ χρέα πολλῶν ταλάντων ἔχων, ὧν τὰ μὲν παρ᾽ ἑκόντων, τὰ δ᾽ ἐκ τῶν δικῶν εἰσπράττει, ἃ τῆς μισθώσεως ἔξω τῆς τραπέζης καὶ τῆς ἄλλης οὐσίας, ἣν κατέλιπεν Πασίων, ὠφείλετ᾽ ἐκείνῳ καὶ νῦν παρειλήφασιν οὗτοι, καὶ τοσαῦτ᾽ ἀνηλωκὼς ὅσ᾽ ὑμεῖς ἠκούσατε, οὐδὲ πολλοστὸν μέρος τῶν προσόδων, μὴ ὅτι τῶν ἀρχαίων, εἰς τὰς λῃτουργίας, ὅμως ἀλαζονεύσεται καὶ τριηραρχίας ἐρεῖ καὶ χορηγίας.
[41] 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.
[42] ἐγὼ δ᾽, ὡς μὲν οὐκ ἀληθῆ ταῦτ᾽ ἐρεῖ, ἐπέδειξα, οἶμαι μέντοι, κἂν εἰ ταῦτα πάντ᾽ ἀληθῆ λέγοι, κάλλιον εἶναι καὶ δικαιότερον τόνδ᾽ ἀπὸ τῶν αὑτοῦ λῃτουργεῖν ὑμῖν ἢ τούτῳ δόντας τὰ τούτου, μικρὰ τῶν πάντων αὐτοὺς μετασχόντας, τόνδε μὲν ἐν ταῖς ἐσχάταις ἐνδείαις ὁρᾶν, τοῦτον δ᾽ ὑβρίζοντα καὶ εἰς ἅπερ εἴωθεν ἀναλίσκοντα.
[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.
[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 ἔνεστ᾽ εἰπεῖν τὸν λόγον. οὐδὲ γὰρ Πασίων ὁ σὸς πατὴρ ἐκτήσαθ᾽ εὑρὼν οὐδὲ τοῦ πατρὸς αὐτῷ παραδόντος, ἀλλὰ παρὰ τοῖς αὑτοῦ κυρίοις Ἀντισθένει καὶ Ἀρχεστράτῳ τραπεζιτεύουσι πεῖραν δοὺς ὅτι χρηστός ἐστι καὶ δίκαιος, ἐπιστεύθη.
[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.
[44] ἔστι δ᾽ ἐν ἐμπορίῳ καὶ χρήμασιν ἐργαζομένοις ἀνθρώποις φιλεργὸν δόξαι καὶ χρηστὸν εἶναι τὸν αὐτὸν θαυμαστὸν ἡλίκον. οὔτ᾽ οὖν ἐκείνῳ τοῦθ᾽ οἱ κύριοι παρέδωκαν, ἀλλ᾽ αὐτὸς ἔφυ χρηστός, οὔτε τῷδ᾽ ὁ σὸς πατήρ: σὲ γὰρ ἂν πρότερον τοῦδε χρηστὸν ἐποίησεν, εἰ ἦν ἐπ᾽ ἐκείνῳ. εἰ δὲ τοῦτ᾽ 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. ἀλλ᾽ οἶμαι τῆς σῆς ἀπληστίας καὶ τοῦ σοῦ τρόπου τίς ἂν δύναιτ᾽ ἐφικέσθαι;
