Against Stephanus I

Now I myself know that this is false, and I shall prove it so when I proceed against those who gave this testimony; but Stephanus is not at liberty to say it is false. If, then, you should believe in the genuineness of the release, this, more than anything else, would prove that the fellow has given false testimony, and has deposed to a will that is forged. For who would be so senseless as to give a release in the presence of witnesses, that his discharge might be binding, and yet to suffer the articles of agreement, the will, and the other documents regarding which he gave the release, to remain under seal as evidence against himself?

The special plea, therefore, contradicts all the evidence, and the lease which I just now read to you contradicts this will; not one of their acts is either reasonable or straightforward or consistent with itself. In this manner their whole story is shown to be a fiction and a fraud.

That the statements in the deposition are true I hold that neither Stephanus himself nor anyone else in his behalf will be able to prove. I hear, however, that he is prepared to make some such statement as this, that he is responsible for a challenge, not for a deposition, and that he should be held to account, not for everything written in it, but for two things only—whether Phormio tendered me this challenge or not, and whether I refused it; these matters and no more, he will say, were included in his deposition; as for the rest, Phormio covered them in his challenge, but whether they were true or not it was not the business of the witness to inquire.

In answer to this argument and to the man’s impudence it is better that I say a few words to you in advance, that you be not taken at unawares and misled. In the first place, when he tries to bring forward the argument that he is not responsible for the entire content of the deposition, bear in mind that the reason why the law requires people to give evidence in written form is that it may not be open to them to strike out any part of what has been written, or add anything to it. He should at the time have demanded the erasure of the statements to which he will now deny having deposed, and not try now to brazen it out, while they stand in the document.

Moreover, consider this too, whether you would suffer me in your presence to take the document and add to it. Of course you would not. Well, then, neither is it fitting to suffer him to strike out any of its contents. For who will ever be convicted of giving false testimony, if he is to depose to what he pleases, and be accountable only for what he pleases? No, the law does not thus make a distinction in these matters, and you ought not to listen to such a thing either. The straightforward and honest course is this: What stands written? To what have you deposed? Show that this is true. For you have written in your plea in answer to the complaint these words, I have given true testimony in testifying to what is contained in the deposition—not to this or that in the deposition.

(To the clerk.) To prove that this is so, take, please, the plea itself. Read it.

The Complaint and Counter-Plea

Apollodorus, son of Pasio, of Acharnae, sues Stephanus, son of Menecles, of Acharnae, for false testimony; damages one talent.

Stephanus gave false testimony against me in testifying to that which is contained in the record.

I gave true testimony in testifying to that which is contained in the record.

This is the plea which the defendant himself has entered. You must keep it in mind, and not regard the deceitful language which will soon be addressed to you as being more worthy of credence than the laws and what the defendant has written in his own plea.

I learn that they are going to speak about my original suit and to denounce it as baseless and malicious. But I on my part have already mentioned to you and explained in detail the manner in which Phormio concocted the lease, in order to get into his possession the banking-stock, and I should be unable to speak of these other matters and at the same time convict these men of giving false testimony; for the amount of water allotted me is not sufficient.

And that you yourselves could not in fairness be willing to listen to them in regard to these matters you will see at once, if you reflect that it is no difficult matter to speak now about subjects concerning which no charge is made, just as it was no difficult matter for Phormio to get himself acquitted by reading false depositions. However, no man would say that either of these courses is right, but that course rather which I am about to propose.