Against Aphobus III (51-55)

For I, in my desire to refute him in every particular, and in my attempt to make clear to you his tricks and his villainies, asked him how large the sum was regarding which he demanded to examine Milyas, as one who had knowledge of the facts. To this he replied falsely, that it was in regard to the whole amount. Well then, said I, as to this I will give up to you for examination by torture the slave who has the copy of your challenge to me.

If, when I have given oath that you acknowledged the man to be free, and that you so testified against Demo, you will swear to the contrary with imprecations upon your daughter, I release to you the entire sum, for which you shall be shown by the examination of the slave to have at the first demanded Milyas; and the damages which you were condemned to pay shall be lessened by thus much—that is, by the amount in regard to which you demanded Milyas, to the end that you may be found to have been put to no disadvantage by the witnesses.

This challenge I made to him in the presence of many witnesses; but he said he could not accept it. Yet, if a man refused to give this judgement in his own favor, how can it be right for you, who are upon your oaths, to give credence to his words and convict the witnesses, and not rather to regard this man as the most shameless of humankind?

To prove that my words are true, call the witnesses to these facts.

The Witnesses

Do not suppose that while I was ready to take this course, the witnesses did not hold the same opinion. No; they too were ready to place their children by their side, and in confirmation of the testimony they had given, to take an oath with imprecations upon them, if they swore falsely. But Aphobus did not see fit to allow an oath to be given either to them or to me. Instead, he rests his case on arguments subtly planned and on witnesses accustomed to perjury, and thinks thereby easily to mislead you.

So take and read to the jury this deposition also.

The Deposition

How could one prove more clearly than I have proved that we are the object of a malicious charge; that the evidence brought forward against my opponent is true; and that his condemnation was just? I have shown that he refused to examine by torture the slave who wrote the testimony regarding the very things to which he had testified; that his brother, Aesius, has attested the facts which he on his part declares to be false;