Against Aphobus III (21-25)

Pray note that in regard to this matter also I was ready to give over to him for torture the slave who had written the deposition, who would know his own handwriting, and who clearly remembered that Aphobus had made the deposition. I was ready to do this, not for want of witnesses who were present, for there were some; but in order that he might not accuse these men of giving false testimony, and that the result of the torture might support them. Yet it is not fair to condemn the witnesses on his account. They alone of men who have as yet stood trial before you can show that the plaintiff himself has borne witness to their testimony as to these matters.

To prove that I am speaking the truth, take the challenge and the deposition.

The Challenge. The Deposition

Such are the legal tests which he has refused, and so numerous the proofs by which he is shown to be acting with malice and insincerity; yet he demands that you put credence in his own witnesses, and he slanders mine, and declares that their testimony is false.

I wish now to speak of the matter on the basis of probabilities. I am certain that you would all agree that those who give false testimony are led to do so by bribes through stress of poverty, or by friendship, or else by enmity toward the opposite party in the suit.

Now no one of these reasons would have led the men to testify in my favor. Not friendship; how could that be, seeing that they are not engaged in the same pursuits, nor are they of like age, I will not say with me, but with one another? Not enmity against my adversary, that is plain; for one of them is his brother and pleads on his side; Phanus is a close friend and a member of the same tribe; and Philip is neither friend nor enemy, so that this motive, too, cannot be justly charged against them.

Furthermore, no one could say that poverty was the ground, for they all possess means so ample that they willingly assume the expense of public services, and discharge whatever duties are laid upon them. Besides all this, they are well known to you, and you know nothing to their discredit; for they are worthy citizens. Yet, if they are not poor, nor enemies of the plaintiff, nor friends of mine, how can it be right to suspect them of bearing false witness? I certainly do not know.

My opponent was aware of all this, and knew better than anybody else that their testimony was true, but nonetheless he brings forward a malicious charge against them, and not only declares that he did not make the statement which I have proved in the most conclusive manner that he did make, but even asserts that the man, Milyas, is in fact a slave. I wish in a very few words to prove that in this, too, he is lying. I was ready, men of the jury, regarding this point also to give over to him to be tested by torture my female slaves, who remember that my father on his death-bed set this man free.