44
When we referred the case to Theodotus for arbitration, they admitted that my action against them was admissible; but now they say what is the direct opposite of what they have themselves before admitted; as if, forsooth, it were proper that they should be tried before Theodotus, the privileged alien, without a special plea, but, when we enter the Athenian court, the action should no longer be admissible.
45
I for my part am trying to conceive what in the world he would have written in the special plea, if Theodotus had dismissed the suit, when now, after Theodotus has decreed that we should go into court, he declares that the action is not one that can be brought before you, to whom Theodotus bade us go.If, under the present circumstances, Phormio’s insolence is so great, who can say what it would have been, had the arbitrator decided in his favor? Surely I should suffer most cruel treatment if, when the laws declare that suits growing out of contracts made at Athens shall be brought before the Thesmothetae, you, who have sworn to decide according to the laws, should dismiss the suit.
