A Friend Pleading for Phormio (1-5)

Phormio’s inexperience in speaking,[*] and his utter helplessness, you all see for yourselves, men of Athens. It is necessary for us, his friends, to state and set forth for you the facts, which we know full well from having heard him often relate them; in order that, when you have duly learned from us and have come to know the rights of the case, you may give a verdict that is both just and in harmony with your oaths.

We have put in a special plea in bar of action, not that we may evade the issue and waste time, but that, if the defendant[*] shows that he has committed no wrong whatsoever, he may win in your court an acquittal which will be final. For all that in the minds of other people brings about a firm and lasting settlement without engaging in a trial before you—

all this Phormio here has done; he has done many kindnesses to this man Apollodorus; he has duly paid and delivered up to the plaintiff everything belonging to him of which he had been left in control, and has since received a discharge from all further claims; nevertheless, as you see, because Phormio can no longer submit to his demands, Apollodorus has instituted this vexatious and baseless suit for twenty talents. From the beginning, therefore, I shall try to set forth for you as briefly as possible all the transactions Phormio has had with Pasio and Apollodorus. From these, I am sure, the malicious conduct of the plaintiff will become clear to you, and at the same time, having heard this recital, you will determine that the action is not maintainable.

First the clerk shall read to you the articles of agreement, in accordance with which Pasio leased to the defendant the bank and the shield-factory. Take, please, the articles of agreement, the challenge,[*] and these depositions.

The Articles of Agreement. The Challenge. The Depositions

These, men of Athens, are the articles of agreement in accordance with which Pasio leased the bank and the shield-factory to the defendant, after the latter had now become his own master.[*] But you must hear and understand how it was that Pasio came to owe the eleven talents to the bank.

He owed that amount, not because of poverty, but because of his thrift.[*] For the real property of Pasio was about twenty talents, but in addition to this he had more than fifty talents in money of his own lent[*] out at interest. Among these were eleven talents of the bank’s deposits, profitably invested.