Apollodorus Against Stephanus, Charged with False Testimony II (8-10)

Now Stephanus here, without knowing that my father left a will or having ever been present when he drew one up, but having been told this by Phormio, has given hearsay evidence which is false, and has done it in defiance of the law.

To prove that I am telling the truth in this, the clerk shall read you the law itself.

The Law

It shall be lawful to introduce hearsay evidence from one that is dead, and written evidence given in absence from one who is out of the country, or is sick.

Now I wish to prove to you that he has given evidence contrary to another law also, that you may know that Phormio, having no harbor of refuge from the grievous wrongs he has committed, had made a pretence of the challenge, but actually has given evidence for himself, screening himself behind the testimony of these men, by which the jurymen were deceived, assuming that they were testifying to the truth, and I was robbed of the property which my father left me and of reparation for the wrongs which I have suffered. For the laws do not permit a man to give evidence for himself either in criminal suits or in civil suits or in audits. Phormio, however, has given evidence for himself, when these men say that they have given this testimony on the strength of what they heard from him.

But that you may be fully convinced of this, (to the clerk) please read the law itself.

The Law

The two parties to a suit shall be compelled to answer one another’s questions, but they may not testify.

Now consider this law also which ordains that action for false testimony may also be brought on this very ground, namely, that one testifies contrary to law.

The Law

The witness shall also be liable to action for giving false testimony on the mere ground that he gives evidence contrary to law, and the one producing him shall also be liable in the selfsame manner.