Apollodorus Against Stephanus, Charged with False Testimony I (31-35)

(To the clerk.) Take the lease and read it—the lease which they put in, as they did the will, by means of a challenge.

The Lease of The Bank

On the following terms Pasio has let the bank to Phormio: Phormio is to pay to the sons of Pasio as rental for the bank two talents and forty minae each year above the daily expenditure, and it shall not be lawful for Phormio to carry on a banking business independently unless he first obtains the consent of the sons of Pasio. And Pasio owes the bank eleven talents upon the deposits.

This, men of the jury, is the agreement which Phormio produced, alleging that he had leased the bank upon these terms. You learn from hearing it read that Phormio, over and above the daily expenditure, was to pay as rent two talents and forty minae each year, and that it was not to be permitted him to carry on a banking business, unless he obtained our consent; and there is added as a final statement, Pasio owes eleven talents upon the deposits.

Now, is there any man who would have submitted to the payment of so large a rental for the counter, the site, and the books? And is there any man who would have entrusted the rest of the assets to a man thanks to whom the bank had incurred so great a liability?[*] For, if there was a shortage of so large an amount, it was incurred while Phormio was manager. For you all know that, while my father was engaged in the banking business, Phormio sat at the counter and was his manager; so that he ought rather to be in the mill[*] than to become master of the rest of the property.

However, I pass over this and all else that I might find to say about the eleven talents, to show that my father did not owe them but that Phormio secretly appropriated them.

But let me remind you of the purpose for which I read the lease, namely, to prove that the will is spurious. For it stands written in the lease that it shall not be lawful for Phormio to engage in banking business, unless he obtains our consent. This clause absolutely proves the will to be spurious. For what man, who had taken precautions that the profits which Phormio might make by banking should accrue to his own children and not to Phormio himself, and to secure this end had stipulated that it should not be permitted him to engage in banking for himself, lest his interests might be separated from ours—what man, I ask, in these circumstances would have provided that Phormio should get possession of what he had himself won by his labor and left in his house?

And would he have begrudged him the banking business, in which he might have given him a share without disgrace, and yet have given him his wife, a bequest disgraceful above all others? Yes, after receiving from you the gift of citizenship, he gave his wife (if indeed he gave her) as a slave giving to his master, and not, on the contrary, as a master to a slave, and he added such a dowry as no man in Athens was ever known to give.[*]