Unknown Pleader Against Evergus and Mnesibulus, About False Testimony (1-5)

It is in my opinion, men of the jury, an admirable provision of the laws that they allow another chance after a trial by means of proceedings for false testimony, in order that, if anyone by bringing forward witnesses testifying to what is false or by citing challenges which were never tendered or depositions made contrary to law, has deceived the jury, he may gain nothing by it, but the one who has been wronged may impeach the testimony, and come into your court and show that the witnesses have given false testimony regarding the matter at issue, and thus exact the penalty from them and hold the one who brought them forward liable to an action for subornation of perjury.

And for this reason they have made the fine less for the plaintiff, if he lose his case, in order that those who have been wronged may not by the fine be deterred from prosecuting witnesses for false testimony, while they have imposed a heavy penalty upon the defendant, if he be convicted and be thought by you to have given false testimony.

And justly so, men of the jury. For you look to the witnesses and give your verdict as you do, because you have believed the testimony which they have given. It is, therefore, to prevent you from being deceived and those who come into your court from being wronged that the lawgiver made the witnesses responsible. I, therefore, beg of you hear me with goodwill, while I rehearse all the facts from the beginning, in order that from these you may see the magnitude of the wrongs I have suffered, and know that the jurymen were deceived and that these men have given testimony which is false.

I should have much preferred not to go to law, but, if forced to do so, it is a satisfaction to appear against men who are not unknown to you. However, I shall devote a larger part of my speech to exposing the character of these men than to proving that their testimony is false. As to my charge that the testimony to which they have deposed is false, they seem to me to have given proof by their own actions, and there is no need for me to produce any other witnesses than themselves.

For when they might have got rid of all trouble, and have avoided the risk which they run in coming into your court, by establishing in fact the truth of their testimony, they have refused to deliver up the woman, whom they have testified that Theophemus was ready to deliver up, and had offered to deliver up before the arbitrator, Pythodorus of Cedae,[*] but whose surrender I, in fact, demanded, as the witnesses who were then present in court testified, and will now testify. And Theophemus has not impeached them for giving testimony that was not true, nor does he proceed against them for false witness.