Plea of Chrysipus and Partner Against Phormio (17-18)

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[*] 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.