Against Phormio

further, that he was not well off, and not so foolish as to pay thirty-nine minae instead of twenty-six hundred drachmae; and besides all this, that when, as he says, he paid the money to Lampis he summoned neither my slave nor my partner, who was at the time in Bosporus, as a witness. Again, Lampis himself is shown to have testified to me, before he was corrupted by Phormio, that he had not received the money.

Yet,[*](The speaker is about to return to the argument that the special plea was inadmissible. He says, in effect, I have shown that Phormio is guilty. If he had been able to prove his case as clearly (i.e. in the suit as instituted) it would have been his best defence. He could not do so, and therefore had recourse to a special plea, arguing that my suit could not be brought into court. This, however, is inadmissible, and his course in entering it proves that he had no defence.) if Phormio were thus to prove his case point by point, I do not see what better defence he could have made. But that the action is admissible the law itself solemnly declares, when it maintains that mercantile actions are those for contracts made at Athens or for the Athenian market, and not only those made at Athens, but all that are made for the purpose of a voyage to Athens.

Please take the laws.

The Laws

That the contract has been entered into between Phormio and myself at Athens even our opponents themselves do not deny, but they enter a special plea alleging that the action is not admissible. But to what tribunal shall we come, men of the jury, if not to you, since it was here in Athens that we made our contract? It would be hard indeed that, if a wrong had been done me in connection with a voyage to Athens, I should be able to get satisfaction from Phormio in your court, but, when the contract has been made in your market, these men should say that they will not be tried before you.

When we referred the case to Theodotus for arbitration, they admitted that my action against them was admissible; but now they say what is the direct opposite of what they have themselves before admitted; as if, forsooth, it were proper that they should be tried before Theodotus, the privileged alien, without a special plea, but, when we enter the Athenian court, the action should no longer be admissible.