Greek Texts & Translations

The law, men of Athens, has thus clearly defined the time. But this man Apollodorus, when more than twenty years have gone by, demands that you pay more heed to his malicious charges than to the laws in accordance with which you have sworn to give judgement. You should have regard to all the laws, but to this one, men of Athens, above all others. 36.27For, in my judgement, Solon ^note framed it for no other purpose than to prevent your having to be subjected to malicious and baseless actions. For in the case of those who were wronged, he thought that a period of five years was enough to enable them to recover what was their due; while the lapse of time would best serve to convict those who advanced false claims. At the same time, since he realized that neither the contracting parties nor the witnesses would live forever, he put the law in their place, that it might be a witness of truth for those who had no other defence.

36.28I, for my part, am wondering, men of the jury, what in the world the plaintiff, Apollodorus, will try to say in reply to these arguments. For he can hardly have made this assumption that you, although seeing that he has suffered no wrong financially, will be indignant because Phormio has married his mother. For he is not unaware of this—it is no secret to him or to many of you—that Socrates, the well-known banker, having been set free by his masters just as the plaintiff's father had been, gave his wife in marriage to Satyrus who had been his slave. 36.29Another, Socles, who had been in the banking business, gave his wife in marriage to Timodemus, who is still in being and alive, who had been his slave. And it is not here only, men of Athens, that those engaged in this line of business so act; but in Aegina Strymodorus gave his wife in marriage to Hermaeus, his own slave, and again, after her death, gave him his own daughter. ^note 36.30And 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. 36.31If, 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? 36.32But 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. ^note

To prove that I am speaking the truth in this evidence has been submitted showing that he received a fourth share ^note and gave a release from all claims.

36.33Having, 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. 36.34But 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. ^note 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. 36.35And 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