Against Phormio

More than this, men of Athens, note another fact. These very men entered a special plea last year, but dared not assert in their plea that they had paid the money to Lampis.

Now, pray take the plea itself.

The Special Plea

You hear, men of Athens. Nowhere in the plea is it stated that Phormio had paid the money to Lampis, though I had expressly written in the complaint, which you heard a moment ago, that Phormio had not put the goods on board the ship nor paid the money. For what other witness, then, should you wait, when you have so significant a piece of evidence from these men themselves?

When the suit was about to come into court, they begged us to refer it to an arbitrator; and we referred it by agreement to Theodotus, a privileged alien[*](The word is used of one who, though an alien, paid only the taxes paid by citizens without the addition of the special tax on aliens.) Lampis after that, thinking that it would now, before an arbitrator, be safe for him to testify just as he pleased, divided my money with this fellow Phormio, and then gave testimony the very opposite of what he had stated before.

For it is not the same thing, men of Athens, to give false testimony while face to face with you and to do so before an arbitrator. With you heavy indignation and severe penalty await those who bear false witness; but before an arbitrator they give what testimony they please without risk and without shame. When I expostulated and expressed strong indignation, men of Athens, at the effrontery of Lampis,

and produced before the arbitrator the same testimony as I now produce before you—that, namely, of the persons who at the first went to him with me, when he stated that he had not received the money from Phormio, and that Phormio had not put the goods on board the ship—Lampis, being so plainly convicted of bearing false witness and of playing the rogue, admitted that he had made the statement to my partner here,[*](I take the phrase πρὸς τοῦτον with εἰρηκέναι, assuming that the reference is to the partner of Chrysippus, who apparently takes the latter’s place as speaker at the beginning of the next paragraph.) but declared that he was out of his mind when he made it.

Now read me this deposition.

The Deposition

The partner of Chrysippus now speaks.