Unknown Pleader Against Evergus and Mnesibulus, About False Testimony (36-40)

But when Theophemus came in, after the woman had gone to fetch him, I asked for the inventory of the equipment, telling him that I was now on the point of sailing; and I showed him the decree of the senate. When, on my saying this, he refused to give it up, but began to threaten me and abuse me, I bade the boy call in from the street any citizens[*] whom he might see passing by, that I might have them as witnesses to what was said,

and I again made demand upon Theophemus either to go with me himself to the despatching board and the senate, and, if he denied that he was liable, to convince those who had given over the names and compelled us to seek to recover what was due, or else to pay back the equipment; otherwise, I declared that I should take goods as security in accordance with the laws and the decrees. Since he was not willing to do anything that was right, I started to lead away the woman who was standing by the door, the same one who had gone to fetch him.

He seized her to prevent me, and I let go of the woman, but proceeded to enter the house to take some security for the equipment due; for the door, as it happened, had been opened when Theophemus came, and he had not yet gone in. I had already informed myself that he was not married.[*] As I was going in Theophemus struck me on the mouth with his fist, and I, calling upon those who were present to bear witness, returned the blow.

Now the proof that what I am saying is true, and that Theophemus began the assault, needs, I think, nothing else for its establishment than the testimony of the woman whom these witnesses have stated that Theophemus was ready to deliver up. By means of this testimony Theophemus, whose case came first into court, seeing that I did not enter a special plea or an affidavit for delay, since these measures had once been a disadvantage to me in a former suit, deceived the jurors, saying that the witnesses whom I had brought forward gave false testimony, but that this woman would tell the truth if she were put to the torture.

But their actions now are shown to be the very opposite of the language which they then used with such insistence; for I am unable to get the woman for examination despite repeated demands, as has been stated to you by witnesses. Since, therefore, they refuse to deliver up the woman, whom they themselves declare that I was challenged to receive, I desire to call before you the witnesses who saw Theophemus deal me the first blow. And this is what constitutes assault, when a man commits the first act of violence, especially when he strikes one who is seeking to exact payment in accordance with the laws and your decrees.

Please read the decrees and the deposition.

The Decrees

The Deposition