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§ 22. Argument from the silence of plaintiff's younger brother. Pasicles, as a minor, had been much more liable to be wronged by the defendant, who as testamentary guardian had control over his ward's property. Pasicles makes no complaint. Therefore (it is tacitly assumed) he had no complaint to make. A fortiori defendant is not likely to have wronged the plaintiff, who at his father's dcath was a man of four and twenty, and fully able to defend himself. Φορμίωνα τουτονὶ τουτονὶ need not refer to Apollodorus, but may be taken with Φορμίωνα, cf. infr. Ἀπολλοδώρου τουτουί, and §§ 15, 18, 26, 28, 47, 57. οὔτ᾽ ἄλλ᾽ κ.τ.λ. sc. οὔτε ἄλλο οὐδὲν ἐγκαλεῖ ὧν οὗτος (ἐγκαλεῖ). τὸν Construe with καταλειφθέντα, παῖδα being a predicate. κύριος .ἐπίτροπος Cf. Or. 38 § 6 τῶν ἐπιτρόπων οἳ μετὰ τὸν ἐκείνου θάνατον τῶν ἡμετέρων ὲγένοντο κύριοι. κύριος here refers to the property, ἐπίτροπος to the person of the ward (Schomann on Isaeus I § 10). σὲ δὲ sc. ἃν ἠδίκει. Notice the double force of the negative, οὐ δήπου οὐκ ἂν ἠδίκει, ‘Surely he would not have abstained from wronging one who had been left a minor by his father, and over whose property he had a legal power and authority, as having been left guardian of it, and yet have wronged you,’ &c. So inf. § 46 οὐδὲ τὸν Φορμίωνα ἐκεῖνος οὐχ ὁρᾷ. Expectabam, οὐ δήπου σὲ μὲν ἂν ἠδίκει, τὸν δὲ παῖδα οὔ. Shilleto, De Fals. Leg. § 390, not. crit. οὐδὲν ἐγκαλεῖ ‘Brings no claim against Phormion,’ i.e. for property of his father's withheld. Cf. Or. 45 §§ 83, 84, where Apollodorus meets the objection arising from the silence of Pasicles by broaching a suspicion that he is his halfbrother only and by insinuating he is really a son of Archippe and Phormion. ‘Say no more, pray, of Pasicles, no! let him be called your son, Phormion, not your master; and my opponent (he is bent upon it)—not my brother.’ τὴν τούτου μαρτυρίαν ‘the deposition proving this point,’ neuter, as in § 13 prope finem.
Select Private Orations of Demosthenes, Part II. J. E. Sandys, Litt. D., and F. A. Paley, M.A., LL.D. 1910. Cambridge University Press.
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