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There are many strong proofs from which one can see that the defendant Phormio is not in the wrong; but the strongest of all, in my opinion, is this: that Pasicles, though he is the brother of Apollodorus, the plaintiff, has neither entered suit nor made any of the charges which the plaintiff makes. But surely the defendant would not have abstained from wronging one who had been left a minor by his father, and over whose property he had control, since he had been left as his guardian, yet would have wronged you, who at your father’s death were left a man of four and twenty, and who on your own behalf would easily and immediately have obtained justice, if any wrong had been done you. That is impossible.
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To prove that I am speaking the truth in this, and that Pasicles makes no complaint, take, please, the deposition regarding the matter.
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The Deposition
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The points which you should now consider in regard to my plea that the action is not admissible, I beg you to recall from what has already been said. We, men of Athens, inasmuch as an accounting had been made and a discharge given from the lease of the bank and of the shield-factory; inasmuch as there had been an arbitrator’s award and again a discharge from all claims;
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inasmuch also as the laws do not allow suits to be brought in cases where a discharge has once been given; and inasmuch as the plaintiff makes a baseless and malicious claim, and brings suit contrary to the laws; we have put in a special plea as allowed by the laws that his suit is not admissible. In order, then, that you may understand the matter regarding which you are going to vote, he shall read you this law and the depositions in sequence of those who were present when Apollodorus discharged Phormio from the lease and from all other claims.
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Take these depositions, please, and the law.
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The Depositions. The Law
