A Friend Pleading for Phormio (6-10)

When, therefore, my client leased the business of the bank and took over the deposits, realizing that, if he had not yet obtained the right of citizenship with you, he would be unable to recover the monies which Pasio had lent on the security of land and lodging-houses, he chose to have Pasio himself as debtor for these sums, rather than the others to whom he had lent them. It was for this reason that Pasio was set down as owing eleven talents, as has been stated to you in the depositions.

In what manner the lease was made, you know from the deposition of the manager of the bank himself. After this, Pasio became ill; and observe how he disposed of his estate. Take the copy of the will, and this challenge, and these depositions made by those in whose custody the will is deposited.

The Will. The Challenge. The Depositions

When Pasio had died, after making this will, Phormio, the defendant, took his widow to wife in accordance with the terms of the will and undertook the guardianship of his son.[*] Inasmuch, however, as the plaintiff was rapacious, and seemed to think it right that he should spend large sums out of the fund which was as yet undivided, the guardians, calculating in their own minds that, if it should be necessary under the terms of the will to deduct from the undivided fund, share for share, an equivalent of what the plaintiff spent, and then distribute the remainder, there would be nothing left to distribute, determined in the interest of the boy to divide the property.

And they did distribute all the estate except the property on which the defendant had taken a lease; and of the revenue accruing from this they duly paid one-half to the plaintiff. Up to that time, then, how is it possible for him to make complaint regarding the lease? For it is not now that he should show his indignation; he should at once have done so then. Moreover, he cannot say that he has not received the rents which became due subsequently.

For in that case, when Pasicles came of age and Phormio relinquished the lease, you[*] would never have freed him from all claims, but would then instantly have demanded payment, if he had owed you anything.

To prove that I speak the truth in this and that the plaintiff did divide the property with his brother, who was still a minor, and that they released Phormio from his liability under the lease and from all other charges, take this deposition.

The Deposition